children of brother or sister of US citizen

[vadood 0]

Hi,

I am asking this for a friend of mine and I do not know if this is the right forum for this.

His mom's sister is a us citizen and has applied for his mom's to immigrate to USA. Her case has now become current.

The question is whether he is eligible to immigrate with his mom or not. He is currently over 21 years old, but was under 21 at the time of original petition. I could not find the respective law on USCIS web site.

Thanks

[RICARDO4EVA2 194]

Hi,

I am asking this for a friend of mine and I do not know if this is the right forum for this.

His mom's sister is a us citizen and has applied for his mom's to immigrate to USA. Her case has now become current.

The question is whether he is eligible to immigrate with his mom or not. He is currently over 21 years old, but was under 21 at the time of original petition. I could not find the respective law on USCIS web site.

Thanks

No, unfortunately he would not be able to accompany his mother to the USA since he is over 21. The important part of him being able to migrate would be his age at the time of the petition approval And he would have to ENTER the USA to be processed for the Green Card prior to turing 21. In cases where "childern" are under 21 and the case is almost completed then some child protection/remainment request maybe submitted to the NVC asking that the individual still be considred a "child." The mother however can file for the child as a green card holder being that HE is still single. With the current processing times it would take 5-7 years to be completed THIS would be the quickest way to get the "child" here currently.

Since she would not be married to a US Citizen then would be required to await the 5 year mark to be elegible for citizenship which takes currently 3-6 months and then to submit the paper work. This is more drawn out.

Edited September 14, 2010 by RICARDO4EVA2

[vadood 0]

Thank you for your response.

He says the petition was approved on 2004, and at that time he was under 21. But his mother was waiting for the embassy, i mean the waiting for their case to be current according the yearly quota of green cards issued.

He still does not have a chance?

[RICARDO4EVA2 194]

Thank you for your response.

He says the petition was approved on 2004, and at that time he was under 21. But his mother was waiting for the embassy, i mean the waiting for their case to be current according the yearly quota of green cards issued.

He still does not have a chance?

There maybe a small chance,,, The law is lined below. He's what I'ld like for the the petitioner, benificiary or Agent of Choice to do .. CALL the NVC since you say the case is current at 1 603 334 0700 and speak with a representative there and have them PUT in your case to be REVIEWED under the CSPA. It is very important that they do under the reasons that the case was approved AT the time the child was under 21 and see if the child could be preserved as a CHILD..

copy and pase the web address below.

http://travel.state.gov/visa/laws/telegrams/telegrams_1369.html

Thank you for your response.

He says the petition was approved on 2004, and at that time he was under 21. But his mother was waiting for the embassy, i mean the waiting for their case to be current according the yearly quota of green cards issued.

He still does not have a chance?

After they have done that I'd like to know the end result.