QUESTION
I'm over 18 residing in the US with a TD visa. If my father gets a green card do I get residence too?
Asked on Mar 20th, 2013 on Immigration - California
More details to this question:
My father received a job last year in the US and they granted him a TN visa, me and my sister thereby received a TD visa and have been residing in the US for the past year. He is now trying to get a green card, my question is if he receives it do I also get residence, or the age affects me?
5 ANSWERS
Immigration Attorney serving Chicago, IL
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Kriezelman Burton & Associates, LLC
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As long as you are under 21 when you father obtains his green card, you may obtain a green card as a derivative. There are a few exceptions to this rule which you would have to discuss with an experienced immigration attorney.
Answered on Mar 21st, 2013 at 1:39 PM
If he gets a green card before you turn 21, you get it with him.
Answered on Mar 21st, 2013 at 1:39 PM
Yes if your father can get his green card before you turn 21.
Answered on Mar 21st, 2013 at 1:38 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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If you are under 21, and he applies for a green card, then you are also allowed to apply at the same time. However you would want to let DHS know that you may "age out" so that they can try to adjudicate your case before you turn 21. Otherwise whether or not you can obtain your green card will depend upon using the Child Protection Status Act "math" equation. I assume your father's company is using a competent immigration attorney and I recommend that this is reviewed with that person.
Answered on Mar 21st, 2013 at 1:37 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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It depends. How is your father getting his green card? Who is petitioning for him?
Answered on Mar 21st, 2013 at 1:37 PM