USA family based VISA Over Age 21 Problem

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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?
 
Unfortunately, sorry to break the bad news, but many people fall into this place. There isn't anyway that you can immigrate with your family to US, unfortunately. I doubt since the other family members are receiving their immigrant visa, you're eligible for CSPA. Try to do the calculations and see if you can benefit from this law.

Yes, your mom or the petitioner (ie. if immediate) can petition for your again and you will have to wait out your time; depends on which category (can range from 5-10 years).

Now, there is a "Non-precedant" case that may allow you to benefit. Try to research on "Maria Garcia case". If money is not a matter for you, then hire a specialized/experienced attorney who is willing to take your case. He/she will charge you a handful because it's not an easy case to win over. However, do research on that article and find out if certain sections of the laws are even applicable to you.

I sincerely wish you all the best!!!
 
xx3level3xx said:
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?
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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?
 
Yeah I turned 21 about a year ago. I followed the steps and calculations under CSPA. I seem to be eligible for it. Then how should I apply? Do I need to get a lawyer?

I only have about 2.5 months left before my mom's visa availability reaches one year. Do I still have time?

Jackolantern said:
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?
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Well thats good news that CSPA works for you!!!!. Now, i don't know which track you want to take. If you do not want to spend too much money on hiring lawyer, then you can try on your own. NVC is pretty quick in replying back so you have time.

What i would suggest you to do is: Write a brief email to NVC and request them to enact CSPA law in your petition. If they say you're qualified, then perfect...PROBLEM SOLVED.

However, if they say you're not eligible, then go ahead and hire a law. Let him/her perform the calculation and fight for you. If CSPA works, then i take back my original statement. You might be able to join your family in the same petition.

GOOD LUCK and keep us updated.
 
xx3level3xx said:
I only have about 2.5 months left before my mom's visa availability reaches one year. Do I still have time?
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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?
 
You said you only have 2.5 months left. So am I correct to conclude that they reached your priority date 9.5 months ago, and your mother has already immigrated, but you didn't join her because of the age-21 issue?
 
Yeah, according to VISA bulletin board, my priority was reached about 9.5 months. Is it correct to assume that they assign VISA numbers to my mom's case once the priority date is reached? The time gap between priority date and notice date is about 8 years part. So I am good with the CSPA?
 
xx3level3xx said:
Yeah, according to VISA bulletin board, my priority was reached about 9.5 months.
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How did you calculate the 9.5 months?

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?

The first way is the right way to figure it.

Is it correct to assume that they assign VISA numbers to my mom's case once the priority date is reached?
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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.

The time gap between priority date and notice date is about 8 years part. So I am good with the CSPA?
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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.
 
Jackolantern said:
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?
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Yeah, I went through the archive for past bulletins to calculate 9.5 months.

Jackolantern said:
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.
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I see. I actually tried emailing nvc last September. I asked them if I am eligible for CSPA. They told me that there was no VISA number assigned to my mom's case at that time, so they were not able to check if I am eligible or not. Couple days ago, I emailed them again to check. Now I am just waiting for the response. Is it possible for me to call NVC and ask if I am eligible?
 
Stop calling and emailing them. You are eligible. You need to go ahead and apply for an immigrant visa before your time runs out.
 
Jackolantern said:
Stop calling and emailing them. You are eligible. You need to go ahead and apply for an immigrant visa before your time runs out.
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Okay, should I find a US immigration ASAP? What are the steps for me to apply for US immigration VISA while I am not in list to pay for AOS/IV?

Thank you for the help and suggestion.
 
xx3level3xx said:
Outside, in Canada. Planning to visit US this summer. Is it faster to apply within US?
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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.
 
xx3level3xx said:
Outside, in Canada. Planning to visit US this summer. Is it faster to apply within US?
Click to expand...

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.
 
Jackolantern said:
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.
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My mom has not immigrated; she is still in Canada. The first step I should do is to consult an immigration attorney. Is that correct?
 
xx3level3xx said:
My mom has not immigrated; she is still in Canada.
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Why not, given that visa numbers were available over 9 months ago? Has she at least been interviewed?

The first step I should do is to consult an immigration attorney. Is that correct?
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Probably unnecessary, as things are more straightforward now given that she has not immigrated.
 
Jackolantern said:
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.
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She has not been interviewed as she is still deciding if she should immigrate because I am not included in the list. In other words, she has not paid the AOS/IV fee. So what should I do next to get that permanent resident card?
 
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