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sir my mom a u.s citizen n she applied for f3 visa category for my family in India - priority date august 2004. our case got approved in June 2010 now mine and spouse visa is approved but mine son born in 1987 july has been aged out after paying his visa fee of 325$, biometric n medicals were also done .but on d day of interview they said ur son is aged out. now me n spouse have got d visa wat can be done in my sons case even USCIS approved his name with us for the interview
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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I will assume that the US consular officer counted correctly and that your son has indeed aged out and cannot immigrate with you and your spouse. You and/or your spouse can file an I-130 petition(s) for him as soon as you enter the US with your immigrant visas. The waiting time is approximately 7 years during which your son should stay single as you would be petitioning for him under the F-2B category for unmarried sons or daughters of permanent residents over the age of 21.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 19th, 2017 at 9:52 AM