Over age dependent

Immigration Links - Immigration Forum: Immigrant Visas - Family: Over age dependent
By Anonymous on Sunday, January 14, 2001 - 01:44 pm:

Parents are immigrating to states from Canada- father has employment and green card. How can we get ourdaughter into states? She is 23 years old and has a learning disability.


By Mr.SG on Sunday, January 14, 2001 - 10:25 pm:

Hi,I heard about the new law that was passed and I would like to know If I would qualify,my father case is right now pending for an adjustment of status,he was sponsored by his brother who is a U.S citizen and he has me signed under him,and that has been for the past 10years,at that time I was sixteen years old,now I'm twenty seven would I still qualify under my father even though I am over age,and If I do qualify would it affect me due to the fact that I'm currently married and going through a divorce? Thank You .


By ImmigrationHelp on Monday, January 15, 2001 - 11:19 am:

Dear Anonymous:

Your parents would have to file a visa petition for their daughter after they enter the US. The problem is that the process will take many years.

Possibly she could qualify for a student visa, or some other form of non-immigrant status. Since there may be other possibilities based on the facts of your situation, which will require in-depth analysis, you should consult with an immigration law attorney for further advice. Good luck.


By ImmigrationHelp on Monday, January 15, 2001 - 11:23 am:

Dear Mr. SG:

If you were unmarried, and under the age of 21, when your uncle filed for your father, then you are grandfathered under the new law. However, you still must find a way to qualify for permanent residence on your own. You cannot receive permanent residence through your uncle's petition because you are now over the age of 21.

Once your father receives his permanent residence, he can file a petition for you if you are unmarried, but that will take approximately 6-10 years. Possibly you may qualify for labor certification. Good luck.


By Kunal D Mistry on Wednesday, August 21, 2002 - 01:31 am:

Dear helper,

My grandfather (a US citizen) has filed a petition for my mother in F3 (married sons and daughters) category in November 1999. At that time my age was 16 years. The visa call is expected none earlier than 3 years. So, according to rule I won’t be able to go with my mother as my age will exceed 21 years.

I heard of “Child Status Protection Act” and checked it on some website (it was like thomas.loc.gov) and other sites but I could get no important information.

I want to know whether I will be able to go with them (according to this child act) irrespective of my age exceeding 21 years OR they will deny my visa.

Please tell me if u need any further information for giving solutions.

Thank you,

Kunal D Mistry


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