QUESTION
Do I qualify with my mother if she filing for my brothers?
Asked on Mar 08th, 2012 on Immigration - Michigan
More details to this question:
My grandmother is a USC, and she filed for my mother who was married at that time, and my mother is still waiting for her processing date. My mother filed for my brothers and I, but I was under 21 then, now I am over 21 unmarried and mother is still waiting to get her F3. Do I still qualify with my mother, or will she have to file F2B for me when she gets her residency?
3 ANSWERS
Immigration and Naturalization Attorney serving Santa Ana, CA
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It will depend on how long the petition was pending before it was approved. You may be able to deduct this amount of time from your current age to determine whether you can process with your mother under the Child Status Protection Act.
Answered on Mar 12th, 2012 at 1:20 PM
She will have to F2B petition for you once she gets her visa but you will only be eligible for a visa if you are either in the US in lawful status or outside the US and have not had issues with US immigration.
Answered on Mar 08th, 2012 at 10:32 PM
3 Awards
It depends on how long that I-130 petition was pending and whether you can use CSAP to protect your age. You may want to bring all the paperwork.
Answered on Mar 08th, 2012 at 10:10 PM