LPR Filed for Child 21+

[Sean John 0]

Hello All Gurus out there!

Here's the scenario:

My dad is a Lawful Permanent Resident (LPR) who filed for my brother when he couldnt join us due to being over 21 at the time our visa was issued.

The priority date is 2nd December 2004, and category I believe is F4.

Back then, my brother was in India and unmarried.

Right now, he is in Canada, married and has 2 lovely sons.

We looked at the current dates on visa bulletin and noticed its at 15September 2004!

But sice so many things have changed, I'm not sure what the course of action should be.

My brother is no longer unmarried so I dont know if he is still eligible under the same category or if we need to upgrade/change the petition. We definitely dont want to lose the priority date!

Also, my father may apply to become a US citizen this year, so what does he need to do to upgrade the petition if he decides to naturalize. Or what we should do if he decides to stay LPR.

Any help is greatly appreciated.

thanks!

[aleful 1,905]

Hello All Gurus out there!

Here's the scenario:

My dad is a Lawful Permanent Resident (LPR) who filed for my brother when he couldnt join us due to being over 21 at the time our visa was issued.

The priority date is 2nd December 2004, and category I believe is F4.

Back then, my brother was in India and unmarried.

Right now, he is in Canada, married and has 2 lovely sons.

We looked at the current dates on visa bulletin and noticed its at 15September 2004!

But sice so many things have changed, I'm not sure what the course of action should be.

My brother is no longer unmarried so I dont know if he is still eligible under the same category or if we need to upgrade/change the petition. We definitely dont want to lose the priority date!

Also, my father may apply to become a US citizen this year, so what does he need to do to upgrade the petition if he decides to naturalize. Or what we should do if he decides to stay LPR.

Any help is greatly appreciated.

thanks!

unfortunatly, the day he married, the petition was voided because LPR cannot petition for married children. so he will have to forget that petition, if he is now divorced, your father can file for him again. the category is F2B and the wait is over 8 years. since he was married, he will have to submit a copy of his divorce decree to prove that he is divorced and unmarried now and start all over again.

the priority was lost as well as the petition, the day he married. children of LPR must stay umarried until they get the visa and enter the US.

[Pinkrlion 2,724]

Hello All Gurus out there!

Here's the scenario:

My dad is a Lawful Permanent Resident (LPR) who filed for my brother when he couldnt join us due to being over 21 at the time our visa was issued.

The priority date is 2nd December 2004, and category I believe is F4.

Back then, my brother was in India and unmarried.

Right now, he is in Canada, married and has 2 lovely sons.

We looked at the current dates on visa bulletin and noticed its at 15September 2004!

But sice so many things have changed, I'm not sure what the course of action should be.

My brother is no longer unmarried so I dont know if he is still eligible under the same category or if we need to upgrade/change the petition. We definitely dont want to lose the priority date!

Also, my father may apply to become a US citizen this year, so what does he need to do to upgrade the petition if he decides to naturalize. Or what we should do if he decides to stay LPR.

Any help is greatly appreciated.

thanks!

There is no visa category for married children of LPR. His petition will be denied.

[Sean John 0]

Thats sad. I didnt know the petition would be voided the day he got married.

I was hoping it could be changed/upgraded/downgraded or something so he doesnt lose his place in line.

Oh well.

So now I need some more advice on what the best approach would be next.

1. Have my dad apply for naturalization and then apply for my now married brother. What's the wait time on this for CSC and NVC?
2. I am a citizen brother. I could apply for him. Again, not sure about wait times.
3. Have him come over here as a tourist and apply for an I-130 and an I-485. Is this even an option?

Thanks everyone for the quick replies!

[aleful 1,905]

Thats sad. I didnt know the petition would be voided the day he got married.

I was hoping it could be changed/upgraded/downgraded or something so he doesnt lose his place in line.

Oh well.

So now I need some more advice on what the best approach would be next.

1. Have my dad apply for naturalization and then apply for my now married brother. What's the wait time on this for CSC and NVC?
2. I am a citizen brother. I could apply for him. Again, not sure about wait times.
3. Have him come over here as a tourist and apply for an I-130 and an I-485. Is this even an option?

Thanks everyone for the quick replies!

sorry, I missread your original message, he is married, so until your father becomes a USC he cannot file for him, as said, residents cannot file for married children, the wait is around 10 years for married children of a USC

you both could apply for him, just in case because the wait is very long, over 10 years for you.

no he cannot adjust status in the US, he doesn't qualify, he can come to visit but never overstay. he will go through consular processing in his country of origin.

[RICARDO4EVA2 194]

The petition is dead. Since the petitioner is not a us citizen he should have remained unmarried to keep the case active. Once his father becomes a US Citizen he can refile.