LPR bring my 10 year old daughter

[anxiousmom 0]

Hi all! Please advise, I just got my LPR in Mar, 2006 (through employment based) and on Apr'10 2006

applied for I-130 for my 10 year old daughter. I-130 approved on 06/19/06 and received

letter stating case has been forwarded to NVC. Haven't heard anything since.

My question is:

1) Is my daughter eligible for following to join benefit? (my status was adjusted in the US under section 245)

2) If she is not eligible for following to join benefit how to expedite her processing?

Thank you

[diadromous mermaid 36]

Hi all! Please advise, I just got my LPR in Mar, 2006 (through employment based) and on Apr'10 2006

applied for I-130 for my 10 year old daughter. I-130 approved on 06/19/06 and received

letter stating case has been forwarded to NVC. Haven't heard anything since.

My question is:

1) Is my daughter eligible for following to join benefit? (my status was adjusted in the US under section 245)

2) If she is not eligible for following to join benefit how to expedite her processing?

Thank you

Following-to-Join Benefits

Please note: This section is only applicable to lawful permanent residents who did not gain their LPR status as the immediate relative of a U.S. citizen.

If you had children before you became a lawful permanent resident, and your children did not physically accompany you to the United States, and you would now like your children to join you in the United States, your children may be eligible for following-to-join benefits. This means that you do not have to submit a separate Form I-130, Petition for Alien Relative, for your children, and your children will not have to wait any extra time for a visa number to become available. In this case, you can simply notify a U.S. consulate that you are a lawful permanent resident so that your children can apply for immigrant visas. If, however, you immigrated to the U.S. as an immediate relative of a U.S. citizen who did not or could not petition for your children, you will need to file a separate I-130, Petition for Alien Relative. In this case, see How Do I Bring My Child, Son or Daughter to Live in the U.S.?

Your children may be eligible for following-to-join benefits if:

You immigrated on the basis of a fiancé(e) petition

You immigrated on the basis of a diversity immigrant application

You immigrated on the basis of an employment-based petition

You immigrated on the basis of a petition filed by your brother or sister

You immigrated on the basis of an immigrant petition filed by your U.S. citizen parent(s) when you were married or when you were unmarried and over 21 years of age

You immigrated on the basis of your relationship with your lawful permanent resident parents when you were unmarried

Also, for your child to be eligible for following-to-join benefits, he or she must:

Be unmarried and

Be under 21 years of age and

Have been a child from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

Have been a stepchild from a marriage of yours (the marriage must have existed at the time of your admission to the U.S.) or

Have been legally adopted prior to your admission to the U.S., and otherwise qualify as an adopted child under the immigration law.

If you fall into one of the categories above, please submit the following information to the U.S. Citizenship and Immigration Services:

Form I-824, Application for Action on an Approved Application or Petition

A copy of the original application or petition that you used to apply for your immigrant status

A copy of the I-797 Notice of Action for your original application or petition

A copy of your alien registration receipt card or I-551

Proof that the child meets the appropriate criteria for Following-to-Join Benefits

You should file the I-824 at the USCIS office that took the most recent action on your case.

If the I-824 is approved, the USCIS will notify a U.S. consulate that you are now a lawful permanent resident so that your children can apply for immigrant visas. You must then ask your children to report to the local U.S. consulate to complete the processing.

[anxiousmom 0]

Thank you for your reply. I've read about it. The thing not clear about is, it didn't say if she will be eligible since my status was adjusted in the USA under 245. It sounds like you are eligible if you went through consular processing to get your LPR. According to your reply she is eligible. Please advise.

[diadromous mermaid 36]

Thank you for your reply. I've read about it. The thing not clear about is, it didn't say if she will be eligible since my status was adjusted in the USA under 245. It sounds like you are eligible if you went through consular processing to get your LPR. According to your reply she is eligible. Please advise.

Grandfathered under Section 245(i)?

[anxiousmom 0]

I am not sure what is grandfathering under section 245-I means. I was on student

visa and applied to LPR through my employer in 2001. (under Clinton's law, deadline was 04/30/2001).

[diadromous mermaid 36]

I am not sure what is grandfathering under section 245-I means. I was on student

visa and applied to LPR through my employer in 2001. (under Clinton's law, deadline was 04/30/2001).

Sorry, bad phraseology. LIFE Act. If you adjusted under Section 245(i), you were either out of status or illegally present, and were given the opportunity to adjust without leaving the country and triggering any type of bar, the condition is that in order to qualify you must have submitted a petition prior to April 2001.

Anyway, I did find that something that suggests that following to join is ok, as long as the relationship existed between the beneficiary and the child/spouse prior to the beneficairy being adjusted under Section 245. It states, "since an alien's ability to characterize himself or herself as “accompanying or following to join" the principal alien depends on the existence of a qualifying relationship at the time of the principal's adjustment, adjudicators must determine whether the relationship existed prior to the time the alien adjusted status."

I'd consult with an immigration attorney, but beforehand read here, http://www.callyourlawyers.com/mobile/245(i)revival-3.html

[anxiousmom 0]

Thank you for your help. It sounds like she will be eligible for following to join. I am looking for a lawyer who is specialized on it through google.

[diadromous mermaid 36]

Thank you for your help. It sounds like she will be eligible for following to join. I am looking for a lawyer who is specialized on it through google.

Try, http://www.aila.org

[anxiousmom 0]

Here is what I have found out for people who has same situation like me. My daughter is eligible to get following-to-join visa and I need to apply for I-824 Application for Action on an Approval Application or Petition. Basically after approval of this App. USCIS will notify to the appropriate consulate that I am LPR and my daughter is eligible to get visa without visa number. Or some consulates do accept notarized I-551 for proof of my LPR (doesn't required I-824) under some circumcstances to issue a visa for eligible people.

Thank you diadromous mermaid for your help.

[diadromous mermaid 36]

Here is what I have found out for people who has same situation like me. My daughter is eligible to get following-to-join visa and I need to apply for I-824 Application for Action on an Approval Application or Petition. Basically after approval of this App. USCIS will notify to the appropriate consulate that I am LPR and my daughter is eligible to get visa without visa number. Or some consulates do accept notarized I-551 for proof of my LPR (doesn't required I-824) under some circumcstances to issue a visa for eligible people.

Thank you diadromous mermaid for your help.

You're welcome. Happy reunion!

[anxiousmom 0]

More happy news. After sending e-mail to Seoul Korea embassy, they've advised me to send original of my approval notice for adjustment of status or creation of records along with copy of my green card and my daughter's birth certificate. I' m planning to overnight it through DHL tomorrow and hopefully they will schedule and interview for my daughter ASAP. Hurray.