QUESTION
I am looking for clarifications for my questions regarding my daughter's(who turns 21 by 8th Dec'2016) visa status.
Asked on Sep 07th, 2016 on Immigration - Texas
More details to this question:
My Visa/adjustment status details: Visa: H1B Valid till Jan'18 I140: Submitted and priority date on receipt notice is 19th July 2016. (EB1, employer sponsored. Submitted on 18th July 2016 ) I485: Submitted and priority date on receipt notice is 19th July 2016. I131, 1765: Submitted and received the receipt notices. Note: Biometric is scheduled, Finger print & photo are given on 16th August 2016. My daughter's visa/adjustment status details: Date of birth: 8th Dec'1995 Visa: H4 valid till 8th Dec'2016. I485, I131, I765: Submitted on 18th July'16 and received receipt notices. No priority date mentioned on receipt notices. Note: Biometric is scheduled, Finger print & photo are given on 16th August 2016. My questions are: 1) Is my daughter eligible to continue staying in US after 8th Dec'2016 as her H4 will expire after that? 2) Do you see any risk of not getting green card for my daughter as there is hardly 4 months to turn 21 years?
1 ANSWER
It would best for you to discuss these issues with the attorney who filed these petitions/applications. He/she is in the best position to give guidance. Your daughter may remain in the United States while her adjustment of status application remains pending. Your daughter may not be eligible for a green card if she ages out prior to adjudication of the green card application. Whether she will age out will depend upon the application of the Child Status Protection Act. You can read more about the Child Status Protection Act at http://myattorneyusa.com/recapturing-priority-dates-for-family-sponsored-immigrant-visa-applications.
Answered on Sep 20th, 2016 at 3:02 PM