expired Visa application

[alen 0]

Hello,

Need advice regarding I-130 petition for unmarried child under 21

So I petitioned my son when he was 19-20 yrs. case for approved but after a while I have not received anything.

Current: if I want to continue his EXPIRED CASE is that possible? He is now 26. Should I still seek legal help?

advice is much appreciated.

[kcrb 24]

If he is now 26, he is in a different visa category and you will need to create an entirely new application. His priority changed the minute the clock struck  12:00am on his 21st birthday. My wife's father petitioned for her prior to her 21st birthday, and for whatever reason their lawyer pushed back their interview, which was originally scheduled 2 days before her 21st birthday, to a date 6 months later. She was denied at the very first stage of the interview. If you figure out a way to proceeded with an expired case, he will still get denied when it comes time to interview. Your only option at this point is to refile under an unmarried child over the age of 21. Depending on your country, this could take 5-25 years. I know in Mexico, the last application they processed for this category is older than I am. 

Edited May 2, 2017 by kcrb

[alen 0]

1 hour ago, kcrb said:

If he is now 26, he is in a different visa category and you will need to create an entirely new application. His priority changed the minute the clock struck  12:00am on his 21st birthday. My wife's father petitioned for her prior to her 21st birthday, and for whatever reason their lawyer pushed back their interview, which was originally scheduled 2 days before her 21st birthday, to a date 6 months later. She was denied at the very first stage of the interview. If you figure out a way to proceeded with an expired case, he will still get denied when it comes time to interview. Your only option at this point is to refile under an unmarried child over the age of 21. Depending on your country, this could take 5-25 years. I know in Mexico, the last application they processed for this category is older than I am. 

are you talking about an already approved petition just waiting for a visa number?

got worried about your response since I'm also petitioning my 2nd son who turned 22 last yr waiting for a visa number.

Edited May 2, 2017 by alen

[kcrb 24]

Yes, it was already approved by both USCIS and the NVC. Either way, if they turn 21 while the petition is sitting at USCIS, the priority will still need to change. When you file the petition is irrelevant, it's whether the information is valid presented at the time of interview. 

[NigeriaorBust 4,087]

    Key dates are the date on the notice you got that the petition arrived at USCIS  and the date on the notice that the petition was approved.  Take that many days off your child's age.  Are they under 21 ?

[Jojo92122 1,924]

CSPA will not apply since it has been more than one year since the PD was current in the F2a category.  This is an F2b case.