my sister had applied for us in the F4 catogary that included me, my husband, my 2 daughters and a son. the daughter at that time were below 21 and son too. in may 2002 i received the letter frm. INS that included me, my husband and son who is now 16 and daughters were above 21 so their name wasn't there. when we heard about this act we wrote a letter to INS giving our case details. we have already send DS230 forms and waiting for visa appointment letter. caqn some my daughters be included in the visa...........
pls. help
<Ken>
Posted
I have the similar situation. I am trying to get some answers from INS. If successful, I will let you know.
<Bun>
Posted
I am in the same situation. Two weeks ago, my mother, my brother and I,with all papers prepared, went to the INS office and applied for green card, but the INS accepted only my mother application because she has approval notice which bears only her name on. The INS told us(my brother and me) to get approval notice from the embassy in Thailand.
Is it supposed to have approval notice for each accompanying son? Note: My brother is 20 years old, and I am 26 years old.
Just to let you know that we are in the USA. We were paroled to the US in 1991.
Is your case the same as mine?
Thanks for sharing any info, or for feedback.
Bun
<Jack>
Posted
I also have similar situation : My grandfather applied my mother and me ,while I was joint follower to my mother , at the date of application I am 18 . Do I get benefit from the act ?
<guest>
Posted
you are what the law consider as "derivative children" of the beneficiary.if you are below 21 at the time your parent's visa becomes availabe, you are considered a "child" through out-no aged out.there is a qualifying thing here, which states:but only if the alien has sought LPR status within one of visa number availability; reduced by the number of days so and so. I would rather wait for the INS rules and regulations to know what it means. so if you are over 21 at the time your parent's visa number becomes available, you are out of luck.
<jess>
Posted
Guest, I don't think your interpretation was correct. The act states that the child's age is determined by the date the child's parent receives the visa number, reduced by the days of the period the applicable petition, described in the next section, is pending. The "next section" describes the petition and clearly the petition refers to form I-130, not I-485 (application for adjustment of status).