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Intending immigrant's( family 4th pref ) over 21 child

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  • Intending immigrant's( family 4th pref ) over 21 child

    My wife ( USC )filed for her brother 12 years ago. The visa numbers will be available soon. Unfortunately, his eldest daughter will turn 21 prior to receipt of visa. Is there any way she can be granted PR along with rest of the family?

    If that is not possible, can my brother-in-law immediately file for his over 21 unmarried child under 2B upon receipt of stamp in the passport upon entry into US as LPR. Does he have to wait till he gets his actual physical "Green Card"

    Currently the wait for 2B is over 9 years. If he becomes a US Citizen in the meantime and petitions for conversion to Family priority 1, will the INS grant priority on the basis of the original petition's filing date or the new "conversion of petition priority date".

    Thanks a lot in advance for your answers.

  • #2
    My wife ( USC )filed for her brother 12 years ago. The visa numbers will be available soon. Unfortunately, his eldest daughter will turn 21 prior to receipt of visa. Is there any way she can be granted PR along with rest of the family?

    If that is not possible, can my brother-in-law immediately file for his over 21 unmarried child under 2B upon receipt of stamp in the passport upon entry into US as LPR. Does he have to wait till he gets his actual physical "Green Card"

    Currently the wait for 2B is over 9 years. If he becomes a US Citizen in the meantime and petitions for conversion to Family priority 1, will the INS grant priority on the basis of the original petition's filing date or the new "conversion of petition priority date".

    Thanks a lot in advance for your answers.

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    • #3
      There is no way your wife as USC can petition for her nephew or niece, only for a brother.Only whe your brother in law becomes an immigrant he can petition for his dependent which here now inclyde his wife and children.
      Unfortunately, some countries are oversubsribed and that prolong the processing.There are some countries whose people if not everyone want to live here in the US or those we had experienced life here in the US want to bring all their family here,hence the backlog.

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