Hi, I am from India.

My brother had sponsored for me (Sister) on 22 march 1988 for my whole family of 5 children who were under 21 years when the petition was filed, we got the application of file opened on 14th of september 2000 when 4 of my children were over 21 years of age but only my daughter the younger was 20 years of age and was goijng to turn 21 during the visa process, I made an application to the consulate about the age but nothing happened. We had submitted the forms on 14th septmber and our visa appointment date came for 15 may 2001 when my daughter turned 21 years and she lost her chance for the immigration visa.

Now is there any chance for her to join me in the US can she get the immigration visa on the same file, please help.

Thank you.

email: kamilm@sify.com

hi kamil,
ive read your inquiry and ive learned that you're already in USA via your F4 petition from your brother which theoretically menas you have been issued a visa already last year.

considering your children's age who are over 21 now and during the time your visa was being processed, they aged-out, they no longer qualify under the Child Age-Out Law since you have been issued a visa already.

there are 3 conditions to be met, one of those is for them to avail of the new law, there should be no final determination or adjudication as to your application for visa..but as you said you are in USDA now and have been issued a visa, so your children cannot avail of the new law.

the thing that you can do is to file an f2b petition for them which will basically take an average of 5 years of waiting..but they should remain single while the f2b petition is still uncurrent.

hope for the best,
antman23

You should consult with immigration lawyer to get the real answere. None is so sure about this law yet in this forum.

Jim