Background:

It is 1993. My mother in law, in 1993, filed a petition for her son and daughter on an immigration basis. At that time she had a green card. Also, her son and daughter were not married and under 21 years old.

Subsequent events: Son and Daughter are now married and each one has one child. Recently Son received (Not daughter!) bio-data and finger print request from INS office in Mumbai, India. Son told INS in India that now he is married, over 21, and have a child. He asked INS (India) that Can he still get visa under old petition that was filed? He checked with INS in India and INS said yes!!

In the letter to the son in India, INS does state that it is for unmarried son!! But when he told INS in person, they told him that he can get visa even though he is now married and have a child.


It is my understanding that petition gets revoked once the son and/or daughter gets married and are over 21.

Current status of my mother in law is still Green card holder. She does have a citizanship interview scheduled in July 2001.


Questions:
(1) Should the son spend money for medical, I 864, visa fees etc.?
(2) Is INS wrong in their response?
(3) If we proceed, will INS here in Chicago cause any problem?

(4) Is there a law that we can use to change status of the son (and daughter) to a more preferable one. (i.e.based on the fact that Mother in law has citizanship interview in July 2001)

(5) Should I fill out form I-864?


Please help.
Thank you very much.

Dear Anonymous:

We cannot comment on what the son was told by the INS or the consul since we were not privy to any of the conversations. However, the law is very clear: If a petition is filed by a green card holder, on behalf of an unmarried son or daughter of any age, that petition is automatically terminated upon the marriage of the son or daughter prior to the petitioner obtaining US citizenship.

We cannot tell you whether to fill out the forms or not, since we would need to have a lot more background information before giving you a final answer. Therefore, you should take all of the forms and information to an immigration law attorney so that he or she can give you an answer based on having all of the evidence at hand.

If your mother becomes a US citizen, she can file a new petition on behalf of her unmarried son and daughter. They will receive a new priority date, and will have to start in the line all over again. Good luck.

My dad is a green card holder, I am over the age of 21 and I am in the US. Can my dad petition for me?