xx3level3xx
Registered Users (C)
I turned 21 when my mother has applied for USA family based immigration VISA. Now when the VISA is approved, I am not on the list. How can I petition so I can immigrate along with my family?
I turned 21 when my mother has applied for USA family based immigration VISA. Now when the VISA is approved, I am not on the list. How can I petition so I can immigrate along with my family?
Did she apply before you turned 21? If yes, you may still be eligible to immigrate based on the Child Status Protection Act (CSPA).
When did you turn 21, when did she file the immigrant petition, and when was it approved?
What is the basis of your green card -- who filed for who? Your green card mother filed for you directly? Or another relative filed for your mother and you are joining her as a derivative beneficiary?I only have about 2.5 months left before my mom's visa availability reaches one year. Do I still have time?
How did you calculate the 9.5 months?Yeah, according to VISA bulletin board, my priority was reached about 9.5 months.
No. Reaching her priority date only means a visa number is available to her, it doesn't mean they will immediately assign one to her case. For some people that assignment doesn't happen for months. But the critical factor for the CSPA is the first month of visa number availability, not actual assignment.Is it correct to assume that they assign VISA numbers to my mom's case once the priority date is reached?
Agewise you're OK. But it also depends on whether it's still less than a year since the first bulletin when they crossed her priority date.The time gap between priority date and notice date is about 8 years part. So I am good with the CSPA?
Did you look back at last year's visa bulletins and find that September 2009 was the first bulletin where they passed your priority date? Or did you look at the current bulletin and notice that the cutoff date is 9.5 months after your priority date?
No. Reaching her priority date only means a visa number is available to her, it doesn't mean they will immediately assign one to her case. For some people that assignment doesn't happen for months. But the critical factor for the CSPA is the first month of visa number availability, not actual assignment.
Stop calling and emailing them. You are eligible. You need to go ahead and apply for an immigrant visa before your time runs out.
Are you inside or outside the US? If inside, legally or illegally?
Outside, in Canada. Planning to visit US this summer. Is it faster to apply within US?
Outside, in Canada. Planning to visit US this summer. Is it faster to apply within US?
Not necessarily faster, just different procedures. If you were inside the US you could immediately file the I-485 and its associated paperwork. But the I-485 route would be inadvisable for you (unless you have an H1b or L1 visa) because your immigration classification would not allow dual intent or give you the immigrant intent leniency granted to Immediate Relatives of US citizens. So to be safe you should complete the process at the consulate in Canada, and not attempt to adjust status inside the US.
However I'm not really familiar with what you would do in your case, where your mother already immigrated without you and you're trying to get a derivative green card via the CSPA several months later after not being included with her process. Have your mother consult an immigration attorney about what you need to do at this stage to secure your green card in your scenario. I'm just talking about a half-hour or one-hour consultation, which might be just $100-$300, not having the attorney do the paperwork for you which would cost thousands of dollars.
Why not, given that visa numbers were available over 9 months ago? Has she at least been interviewed?My mom has not immigrated; she is still in Canada.
Probably unnecessary, as things are more straightforward now given that she has not immigrated.The first step I should do is to consult an immigration attorney. Is that correct?
Why not, given that visa numbers were available over 9 months ago? Has she at least been interviewed?
Probably unnecessary, as things are more straightforward now given that she has not immigrated.