Category: Q&A

1. Filed I-485s for Self and Daughter in Early February, Mine Accepted, Daughter Rejected – What to Do?

I filed I-485 adjustment of status application forms for myself and my 9 year old daughter in early February which also included two I-130 forms and I received the receipts in March for myself, but the whole package of my daughter came back because I did not sign her form. Should I sign the form and send it back in at this time? Also other questions – I know that the forms have changed and that there is a new one, I-944. Do I have to send that one in? I paid a lesser fee for her before because we were filing together. Her I-485 fee was $750 since she was filing with me. Now do I pay that or do I have to pay the $1140 filing for her filing alone? Finally do I have to say that she is not legally here on the form now since our visas expired in early March? When I filed for the first time, we were still legal. Can I still say the same now because it was only a technical error?

Mr. Lee Answers,
I will assume that you are married and that your US citizen spouse filed I-130 petitions for both you and your daughter in conjunction with your I-485 applications –otherwise there would be no need for the double l-130s.  if so, your daughter is still eligible to file an I-485 application as  she qualifies as an immediate relative of your spouse and immediate relatives can adjust status if they entered the US legally even if they have overstayed. Given the situation that there is nothing to lose in terms of statutory eligibility for you to begin again with your daughter, the best course is probably to refile for her using all the new forms that U.S.C.I.S. has mandated since February 24, 2020. You should also check off the box that she is not lawfully here at this time, and if you wish, explain the situation on the last page of the form. As a new filing, you would fill out the I-944 form for her and pay the additional fee.

2. Holding Green Card Status and Poor, What Chances to Sponsor My Other Children for Green Card?

I immigrated through my parents’ petition for me and am still a permanent resident. I have two children 10 and 12 years old by a former girlfriend in Hong Kong and now she wants me to petition for them to live with me rather than her. I married in the United States and have a child, but I do not make much money and have government assistance with my rent and my kid here has food stamps. What are my chances of having the two children successfully come to the US?

Mr. Lee answers,
Under the present state of US law including the new public charge provision that came into effect on February 24, 2020, the difficulty level of having your children come to the country if they do not have good prospects and assets is significantly raised in a situation like yours. Hopefully you will be able to find a joint sponsor who is related to you and making high income as that might help. Although these are trying times economically, it would truly be helpful if you got yourself a good job so that you could show proof of steady income at a level of at least125% of the federal poverty guidelines.to support your present household and the children you intend to bring over.

1. Would a Civil Case (Owing 2 Months Rent) Affect Me in the Future from Getting a Visa?

I’m a Mexican student in Boston. I have been renting an apartment in Cambridge, MA. My landlord is planning on retaining my security deposit because 2 years ago we retained 2000 USD of the rent because we did not had A/C for 2 months. We are planning on not paying our last month and then go back to Mexico. Does a civil case (housing case) would affect my possibilities of getting a visitor’s visa in the future?

Mr. Lee answers:
A civil dispute is largely not relevant in the decision of whether to issue a US visa. The only relevance would be whether a consular officer on somehow finding out from you the details of the dispute over rent might come to a different conclusion that you did not pay because you did not have the resources to do so and might be a danger to either become a public charge or take up unauthorized employment.

2. My OPT STEM Case is Processing Right Now. Am I Eligible to Work Right Now?

I applied my OPT STEM two month ago. They return my materials twice because my form was outdated. I sent them the third time, then they receive it and processing right now. The first time I sent my application was on time. The third time my EAD card already expired. Am I eligible to work since they are processing my case right now?

Mr. Lee answers:
Although those applying for a STEM extension have the right to continue working during the time of extension, that is predicated upon the application for extension being filed on time. Your application appears to have been rejected 2 times by U.S.C.I.S., and you state that on the 3rd occasion, your EAD card was already expired. Under the circumstances, it would not appear that you have employment authorization at this time.

3. Would an Economics Degree + 1 Financial Accounting Course+ 1 Year Accounting Experience be Enough for a TN Visa Accountant Position?

I am a Canadian citizen working for a nonprofit in San Francisco. I’m currently on OPT as an accounting assistant and my employer would like to extend my employment and promote me to a full accountant position when my OPT expires in June. Would having an economics BA + financial accounting college course + 1 year accounting training and experience be sufficient credentials for a TN visa accountant position?

Mr. Lee answers:
An applicant for a TN professional position is adjudged eligible by degree, CPA, CA, CGA, or CMA, and not a combination of education and working experience. In your case, an immigration officer or inspector would look at your economics degree to determine whether it is closely related to an accounting degree. Economics would appear to be more related to marketing than to accounting, but the decision would be up to the adjudicating officer.

1. Thinking about Changing from L-1A to H-1B and Have I-140 EB-13 Approval Already. Should I?

I am here as an intracompany transferee under L-1A manager status in my fourth year and am thinking about changing my status to H-1B specialized worker. My I-140 petition as a multinational manager under EB-13 has already been approved. I am doing this because I am born in India (very long waiting time) and I  know that I have a chance to continue my legal nonimmigrant status even when the maximum time for my H-1B expires which I would not have under L-1A status. What is your opinion of my thinking?

Mr. Lee answers,
I do not see any negative impact with your plan to switch from L-1A to H-1B if you are able to do so successfully. I note that you would have to be selected under the new H-1B registration process of U.S.C.I.S. and the company would have to prove that your position is a specialized occupation if you are selected. If you stay with your present company for the long duration, you may under current law still receive your permanent residence through the approved I-140 petition as long as the job is the same, or the job changes but is in the same or similar occupation six months after filing your I-485 application for adjustment of status. If your job changes fundamentally with your present organization, you would have to go through a labor certification application  process or another EB-1C petition even though you would be entitled to maintain the priority date of your I-140 approval. If you move to another company,  you would only be able to continue your entire case if you were in the I-485 stage, the I-485 was pending for six months, and the new position is in the same or similar occupation you had in the approved I-140 petition.

1. Passport Application Needed Custody Papers

I’m in the process of getting a US Passport, but need custody papers to prove my US Citizen father had custody over me when I was a child. My parents are unmarried and I’m currently 22. What should I do?

Mr. Lee answers:
In looking at the law where a child is born out of wedlock to a US citizen, I assume that your father fulfilled the physical presence requirement in the US prior to your birth, and that a blood relationship has already been established. Other parts of the law appear to require that your father agreed in writing to support you until 18 years of age, and while you were under 18, you were either legitimated, your father acknowledged paternity, or paternity was established by court adjudication. You may wish to focus on those other aspects of the citizenship law.

2. Wish to Change Status

Girlfriend and child moved here from Ireland in January 2016. We married in March 2018. I wish to file for green cards.

Mr. Lee answers:
I assume that you are a US citizen and the child was under 18 on the date of your marriage. If so, you could file for them with a concurrent I-130 petition for alien relative and I-485 application to adjust status to permanent residence. Other paperwork would also have to be supplied such as your affidavit of support on form I-864 with proof of financial viability, their birth papers, your marriage paper, proof of US citizenship, and dissolutions of all prior unions on either side. Required medical examinations can be done now or presented at the interview. Generally speaking, you could expect an interview in approximately 10 months to a year.

3. Fiancé didn’t file Taxes, Will that be an Issue When I Sponsor Him for a Green Card?

I am a US citizen getting married to a Mexican national in Mexico. He came to the United States twice on work visas each for about 6 months. The first time he filed taxes but the second time he did not.

Mr. Lee answers:
I do not see your fiancé’s tax filings being the focus of his marriage based green card application. The focus is usually upon the bona fides of the marital relationship and other grounds of inadmissibility.

1. How Long Immigration Take?

My brother applied for my sister and her 3 kids and husband. He applied for her case in 2011. I just wanted to know that my sister’s son has blood disorder and hard for her to get treatment in Pakistan. Is there any way we can get her case to done little faster so her son can have good treatment in USA?

Mr. Lee answers:
Unfortunately there is no way that the F-4 sibling petition can be speeded up because your sister’s son has a blood disorder for which treatment is difficult to obtain in Pakistan. Your sister and her husband could attempt to have the child apply for a B-2 visa for medical treatment in the US. That being said, the US Consulate would have to be assured that the costs of the treatment would be able to be covered by the family or donors. With a priority date in 2011, your sister likely has to wait another 4 years to immigrate.

2. My Boyfriend Was Coming Over Here and Got Detained

This is the first time he has ever been detained.  I would like to know if I can still get him a fiance Visa? We want to get married and he was coming to me to get married. I am a US citizen and he has never been in any trouble with the law. Will this make it harder?

Mr. Lee answers:
Being detained by Immigration will usually make a petition for fiance visa or permanent residence harder than usual. Whether you can still apply for a fiance petition will depend upon what happened or will happen at the detainment by DHS. You may wish to consult with an immigration lawyer with full details of everything that has happened to your boyfriend. If you have papers, you should bring them along to the consultation.

3. How Do I Get My Spouse’s New Name Updated on Her H-4 Visa Approval Notice?

My spouse is on H4 and after that she had name change on her new passport. How do I get her new name updated on visa approval notice?

Mr. Lee answers:
I am not sure that your spouse needs to have her new name updated on the H-4 approval notice. I also do not know of a specific application or petition by U.S.C.I.S. for that specific purpose. Perhaps your spouse could carry the marriage certificate when she travels and comes back to the US. On the next application to U.S.C.I.S., she could apply under the new name.

1. F-1 student on OPT until April 7, 2020, may have a problem with timing for H-1B under new rules for employer registration.

I am on F-1 visa and my optional practical training in journalism ends on April 7, 2020. My employer has agreed to sponsor me for the H-1B petition this year. I heard that there is a new procedure for this year. What should I and the company be aware of?

Mr. Lee answers,
USCIS has instituted an employer registration procedure under which persons will be selected without first putting in complete H-1B packages. Employers will set up accounts with USCIS with or without assistance from legal representatives beginning on February 24, 2020. The USCIS website will open for H-1B registrations at 12:00 PM Eastern Standard Time on March 1, 2020 and end at noontime on March 20, 2020. USCIS has stated that it will conduct the selection on or before March 31, 2020, and those selected will have at least 90 days to submit H-1B petition packages. You and the company must make a choice in your case of whether to begin your actual case prior to learning whether you will be selected because of your OPT ending date of April 7, 2020. There is most likely not sufficient time between when the company learns of your selection and filing your H-1B package to USCIS by April 7. That is because obtaining a labor condition application (LCA), a necessary part of the H-1B filing, takes seven days to process by the Department of Labor (in addition to the time required to set it up before filing with the Department). The inability to file a complete H-1B package to USCIS by April 7 means that you would not be able to obtain cap-gap work authorization until September 30, although USCIS would allow you to stay in the country to await the adjudication of the H-1B petition.

2. New H-1B rule for employer registration gives more opportunities but also potential danger to those who will soon obtain US Masters degrees.

I will soon graduate with a Masters degree in public administration from a university in New York (should finish the requirements by May 2020) and I am working with the company on curriculum practical training which is interested in sponsoring me for the H-1B petition in April. The company is now registering itself under the new immigration requirement and is asking me questions about my status including whether I have a Masters degree or will have a Masters degree and if so, when would I have it. I am confused and would like some advice on what I should say to the company.

Mr. Lee answers,
The company is asking you these questions because the new H-1B employer registration process asks whether you are applying under the US Masters cap or not. Persons applying under the US Masters and higher US degree cap will have a higher percentage of being selected. The rule is that you must have finished the Masters degree by the time that the actual H-1B petition package is filed with USCIS. That does not mean having the degree in hand, but having completed all requirements of the degree. If you are very confident that you will complete the requirements by May 2020, your employer can mark that you are applying under the US Masters cap. If selected, the employer would wait until you have completed all the requirements prior to submitting the actual H-1B petition. I note that you would not be qualified for the H-1B if the employer could not submit your petition within the period of time that USCIS allows for selectees to file petitions (likely 90 days after being notified of selection). In addition, you and the company would most likely not be able to file a petition under the Bachelors degree cap if you did not obtain your Masters degree in time since your selection was based upon the company’s representation that you have attained a US Masters degree or higher US degree by the time of filing.

3. Sponsoring my sister and her daughter – one or two petitions?

I was just naturalized and now want to sponsor my sister and her daughter. Should I file one petition for my sister and one petition for my niece? Also how long will it take before they are able to come to the US?

Mr. Lee answers,
To apply for your sister and her daughter, you would submit form I-130 petition for alien relative to U.S.C.I.S. You only have to submit one petition as you do not have the requisite relationship with the niece to sponsor her, but she can come over with her mother as long as she has not aged out by the time that there is visa availability for the petition. Current waiting time is approximately 12 years.

4. Brother’s circumstances have changed since I started sponsoring almost 12 years ago – what to do?

As a US citizen, I first began petitioning for my brother in early 2008. It has now been almost 12 years, and the petition was approved by Immigration in 2017 and we received notice from the National Visa Center that they have the case. Recently we checked and we are now able to pay for my brother’s visa fee. However, since I began petitioning, my brother became married and now has two sons. What do we have to do at this time? Can we add his wife and two sons on, or do I have to fill out more forms and petition for them separately?

Mr. Lee answers,
You or your brother must notify the National Visa Center (NVC) of your brother’s changed circumstances in order that the NVC can add his wife and two sons. The NVC can be contacted by letter or email, and the request to add the wife and children should include copies of marriage and birth papers. Once they are included in your brother’s case at the NVC, the Department of State fees can be paid and your brother can begin to send in requested documentation to the NVC for consular processing.

5. Application to change status pending, can I travel across the country to Los Angeles and tour around?

I came to the United States on a visiting visa and before it expired filed an application to change my status to F-1 student. My application is still pending. With all the talk of a tough attitude towards immigration, am I safe if I travel from New York to Los Angeles to see friends and tour the city and surrounding areas?

Mr. Lee answers,

Technically you are in a quasi-legal status as you filed a timely change of status application. You should be okay to tour in LA this month. I do note, however, that with the present Trump administration, it would be much better if you did not go near the border with Mexico as border patrol officers may have a different idea of your legal status and give you problems. Please note that the border is considered to extend for 100 miles from each boundary.

1. My H-1 to H-4 Conversion Denied

My H1 to H4 conversion denied on 11/30/2019 which I applied on 3/15/2019. Reason is: My spouse H1B expired on 7/31/2019 and currently in extension process. What should I do now? Can I submit my spouse’s extension receipt number?

Mr. Lee answers:
When a case is denied, you can file a motion within 30 days to have the case reopened with proof that your spouse has either obtained an H-1B extension or that it is still pending. If you are still in valid H-1B status, your other choice would be to file a new change of status application with the proof of your spouse’s approval or pending petition.

2. Can my cousin wait for her residence here if her stepdad is filling for her? Is her visa still be available during this process?

I want to know if she will be able to get her permanent residence here or she has to go to her country to wait for it. Or if her visa will still be available to travel during this process.

Mr. Lee answers:
Whether your cousin can wait for her residence here when her stepfather files for her depends upon a few things. First, he must be a US citizen or permanent resident. Currently the category for green card holders to spouse, children under the age of 21 is open, but the child must be maintaining legal status and not have worked illegally in order to adjust status here without leaving.  If he is a U.S. citizen, a legal entry is generally the determining factor and being an overstay or working without permission are not disqualifying.  Second, when was the stepchild relationship created. The immigration laws recognize the stepparent – stepchild relationship for immigration purposes only if the marriage creating the step relationship occurred prior to the child turning the age of 18. Third is the age and visa status of your cousin – if the above conditions are fulfilled and your cousin under the age of 21 at the time that the I-485 adjustment of status papers are filed, your cousin would be allowed to stay during the time of the adjudication. If 21 or older at the time of contemplated filing, her stepfather would only be able to file an I-130 petition for alien relative, and she would only be able to stay legally if she had a valid nonimmigrant status during the period of waiting which would be approximately 7-8 years. On the question of travel, there are two answers – if she is eligible for adjustment of status through form I-485 and such is filed, she would only be able to leave the country and reenter under advance parole or a nonimmigrant visa in the H or L categories. If not eligible to adjust but the step relationship is established before the age of 18 and the stepfather files an I-130 petition for alien relative, she could be allowed to travel to the US for short and infrequent visits during the pendency of her case under a B visiting visa.

3. Was given a citation for shoplifting, case was dismissed. Does it affect applying for citizenship?

Mr. Lee answers:
If the shoplifting charge was dismissed, it should not affect the citizenship application unless you admit the deed, and it was done within five years of the date of application if applying under the five-year rule and three years if applying under the three-year rule.

1. What are the new H-1B procedures for this year? 

I am interested in applying for the H-1B this April, and my employer wants to sponsor me. However, this will be the first time that he is sponsoring anyone, and he wants me to find out the procedure. I hear that there are some changes for this year. Can you tell us what those are?

Mr. Lee answers,

USCIS has implemented a registration system for employers under which any employer that wishes to sponsor cap H-1B’s (those that traditionally go in during the first five business days of April) must register themselves and the persons that they wish to sponsor with USCIS. Upon registration,USCIS will conduct the random selection and only those that are selected will have to submit an H-1B petition with supporting documentation. From what we know so far (and subject to change),

• USCIS will use the my USCIS online portal for the registration and accept the payments through itsgov portal.
• There is a $10 registration fee for each registration.
• The initial registration period will be 3/1/20 – 3/20/20.
• Employers can use one filing to register as many persons as they wish to sponsor.
• They are allowed to submit additional registrations within the filing period.
• Employers are not allowed to edit a registration after it has been submitted, but it appears that the registration may be deleted, and then redrafted and resubmitted prior to the close of the registration.
• If the employer needs to withdraw one of 10 names, there is currently no guidance as to whether the system would force the employer to withdraw all 10 names and resubmit the other nine names.
• Payment can be made from a bank account, checking or savings, credit card, or debit card. The registration system will allow for batch payments to pay the fee for multiple registrations submitted simultaneously.

2. How can I stay in US when my H-1B employer will be firing me?

I am on H-1B with three years left, but the company is dismissing me, although they will try to be flexible so that I can have time to find another employer. They are willing to stretch out my pay until the middle of next month to help me out. Is there anything else that can be done?

Mr. Lee answers,

USCIS foresaw this situation and, for people like you, it now allows you to remain in legal status for 60 days after the date of quitting or dismissal for you to prepare to leave, change employers, change status, or for any other legal purpose. If the employer does not know of the 60 day rule, it should be informed so that it can consider its options with open eyes. Where an employer is dismissing an H-1B employee, it continues to have liability for payment of salary in accordance with the H-1B until it notifies USCIS of the termination, properly notifies the employee, and pays for the transportation back home.

3. J-1 exchange visitor – am I subject to two-year home residence requirement even though my paperwork says that I am not?

I am on a J- visa, and want to file for my I-485 adjustment of status application based on my wife’s employment. I am originally from China, but spent three years in Germany as a scholar before receiving my J-1 visa in Frankfurt and coming to the US. Neither my passport nor DS-2019 form says that I am subject to a two-year foreign residence requirement. Although I have not taken any type of governmental or intergovernmental financing, I am on the skills list of China. I am not a medical doctor. What should I do?

Mr. Lee answers,

From your account, it is questionable whether you are subject to the two-year foreign residence requirement because of the time and status that you held in Germany. Undoubtedly the American consulate in Frankfurt considered your situation before putting the markings on your visa and DS-2019 form. I suggest, however, that you request an advisory opinion from the Department of State prior to filing the I-485 application. A favorable advisory opinion would settle the matter with USCIS. If the opinion is negative, however, and you are deemed subject to the requirement, you may seek other channels to avoid the two-year home residence requirement, including asking for a no objection statement from your home government.

4. Do I do change of status to F-1 or go outside US and interview for F-1 visa at US consulate?

I was given six months to stay under my tourist visa and am in my fourth month and found a school that I want to study at. The designated school officer said that I could either try to change my status with USCIS or take the I-20 admission form and apply at the consulate in my home country. What are the considerations that I should take in account in making my decision?

Mr. Lee answers,

Your decision may depend upon a variety of factors. The first is that under current USCIS rules, you must maintain your legal status at all times until the agency adjudicates your change of status to student. Because you have only two months left, you will most probably have to also file for a B-2 extension during the time that your F-1 student change of status is pending. Another factor is that the change of status by USCIS once approved is only on a piece of paper. If you must leave the US at any time in the future, you would have to interview for the F-1 student visa at a US Embassy or Consulate before being allowed back into the US as a student. Against those factors is the common perception that obtaining an F-1 student visa at a US consulate or embassy is usually more difficult for many than obtaining a change of status by USCIS.

1. H-1B petition was just denied – do I have any options other than to leave?

My H-1B sponsor is a nonprofit organization associated with a university and filed my H-1B petition in June 2019. We received a request for evidence, responded to that, but got a denial on November 1. My optional practical training after graduation ended on August 15, 2019. What is my current status and what can I do?

Mr. Lee answers,
With the ending of your OPT, you are only given a 60 day grace period to leave the United States or to seek some other status. That time unfortunately ended in the middle of October. Denial of an H-1B petition in your circumstances does not give you any extra periods of time to remain here in the US. Your H-1B sponsor may look at the denial and see whether it can file a new H-1B petition if there are issues that can be overcome by additional explanation or evidence. It can also decide whether the evidence is sufficient for appeal or a motion to reopen and reconsider within 30 days of the denial to the Appeals Adjudication Office (AAO) of U.S.C.I.S. Please note, however, that such does not stop the accrual of unlawful presence which begins on the date of denial. If you are in the US for over 180 days from date of denial and lose the appeal or motion, you would incur a three-year bar upon returning to the US if you left. Depending on the strength of your case, you may decide in lieu of an appeal to the AAO to appeal to the US District Court. Many federal district courts have been more sympathetic to H-1B appeals than the AAO. You may also decide to seek a reinstatement of F-1 status if you intend to continue going to school, or a late change of status to some other visa category for which you may be eligible. Finally you may decide to leave the US, and later return to the country with legal visa status. Please note that for most countries, you would have to pass a visa interview at the American consulate or embassy before returning to the States.

2. Permanent resident sponsoring new spouse.

I am a permanent resident and me and my girlfriend wish to be married. She is not a permanent resident or US citizen, but is studying as an F-1 student. This will be a legal marriage, and we have known each other for three years. If we marry, will she be able to live and work here?

Mr. Lee answers,
Currently the F-2A visa category for lawful permanent residents sponsoring spouses and unmarried children under the age of 21 is open. Therefore if you are married, and assuming that the visa category remains open, you can file for her with form I-130 petition for alien relative, and she can simultaneously file an I-485 application to adjust status to permanent residence. If she wishes employment authorization or advanced parole to leave the US during the time of the processing, she can make separate applications for those at the same time on forms I-765 application for employment authorization and I-131 application for travel document.

3. Desperate to help out my husband who is illegal and has an order of deportation.

I am a US citizen, married to a nice man, and our baby was just born a few months ago. I knew he was illegal, though he lately told me that not only did he sneak across the border, but that he was caught and ordered deported, but never left. Now I am very scared, especially with the baby. I’m afraid that when he goes off to work in the morning in his truck, he may not come back. What can I do to help straighten out his status?

Mr. Lee answers,
You and your husband would have to undergo a four-part process assuming that he has committed no excludable crimes nor fraud before a US government official. You would initially file an I-130 petition for alien relative to accord recognition that this is a bona fide marriage and that you are a US citizen. At the same time or shortly thereafter, your husband would file for an I-212 application for advance permission to return to the US after removal or deportation. U.S.C.I.S. would be looking at a mixture of factors including hardship, the seriousness of his immigration violations, and his good record in the States. If the I-212 application is approved, he can then file for an I-601A application for waiver of grounds of inadmissibility, in this case from the ten year bar which is occasioned by his remaining in the US illegally for over one year. The standard for the adjudication is that your wife and any other qualifying relative like your parents if either or both held US citizenship or lawful permanent resident status would suffer extreme hardship if you had to return permanently to your home country. If all the petitions and applications are approved, your husband would then undergo regular consular processing at the American Embassy or Consulate in his home country with jurisdiction over immigrant visa applications. Upon successful interview, he would return to the US as a permanent resident.

4. Having problems with wife who is sponsoring my daughter, her stepdaughter – is there any effect on the application?

I was sponsored by my wife who is a US citizen and received my permanent green card. Last year, my wife agreed to sponsor my daughter who is 17 years of age in China. The I-130 petition is approved, but me and her have marriage problems and we are living separate at this time. Can my daughter still get the green card? If not, what should I do?

Mr. Lee answers,
A step relationship depends upon the validity of the underlying marriage. In the event of legal separation or divorce, your daughter would be ineligible for the green card as the bond between her and your wife is through your marriage and not by blood. To keep the case going, the best solution is to reconcile with your wife. The practical difficulty in these cases even if there is no legal separation is that you and your daughter are at the mercy of your wife as to whether she will continue the sponsorship. Currently the F-2A category for unmarried children under the age of 21 of lawful permanent residents is open, so your alternative is to file your own petition for her and the waiting time would be approximately one year taking into account processing times of both U.S.C.I.S. and the US consulate or embassy.

5. Can my daughter emigrate with me to the States now that she is 25 years of age?

My brother filed for me under the F-4 category for the sister of a US citizen in the end of November 2006. My petition was approved by Immigration in February 2010. My daughter was included in the petition, but she is now 25 years old being born in July 1994. Is she eligible to immigrate with me to the US?

Mr. Lee answers,
The priority date (if you are born in any other country than India, Mexico and the Philippines) was reached in October 2019. Under counting rules of the Child Status Protection Act (CSPA), she was 25 years and approximately 3 months old when the priority date became current. She is given a credit to her age for the time that the I-130 petition pended with U.S.C.I.S., in this case approximately 3 years and three months. As she was approximately 4 years and three months older than 21 in October 2019, she would be approximately 22 years old under CSPA counting, and would not qualify to immigrate with you under current law. I do note that there is some hope in the pending legislation sponsored by Richard Durbin, the Democratic senator from Illinois, in the RELIEF Act which would allow children to emigrate regardless of their present age so long as they were under the age of 21 on the date of I-130 filing.