QUESTION

Regarding I130 IMMIGRANT PETITION FOR RELATIVE

Asked on Apr 10th, 2016 on Immigration - Pennsylvania
More details to this question:
I-130 (my name was also included in the application as a son of beneficary) petition was filed on 2004 for my dad by his sister and the petition was approved on 2009 (I-797). when it got approved I (Son of beneficiary) was 19 years old . On 2016 this case was transferred to NVC ( application fees is paid, step 2 is completed, need to submit few documents) after that my dad will be called for an interview (last step). At the moment I am in USA on OPT and above 21 (single), I need to know if there is any way my dad or myself can request immigration to include me in his application for green card (which is under process) since I was below 21 (single) when the application was approved on 2009. If there is any possibility that UCIS will consider my case then what will be the process and how to inform them. Looking forward to your response
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1 ANSWER

The fact the you were under 21 at the time the petition was approved is not enough to qualify for an immigrant visa. The answer will depend upon the application of the Child Status Protection Act. There is not enough information provided to assess the matter fully. I would encourage you to consult an experienced immigration attorney whio can make a formal assessment on your eligibility to immigrate.
Answered on Apr 11th, 2016 at 4:51 AM

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