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Hello everyone!

I'm new to this forum and looking for help.

My family is currently in the US as permanent residents (PR) and I intend to be with my family. However the rules of immigration do not allow me to do so.

Here are a few details about this case :

- Since my mother was the principal applicant sponsored by my Aunt in Virginia, the case is quite old and the PRIORITY DATE is 22NOV1982.

- The case was not persued in 1982 and was reopened in 2010.

- Upon reopening the case, my parents and my sister were granted visas and I was declared ineligible because I was above 21 years old (23 yo to be specific). My petition was paid for but it was refused.

In this scenario what is the best possible approach? Can my mother apply for my immigration given that she is a green card holder now? If yes, how long will the process take approximately.

I am still very unclear about the rules for immigration applicable in my case and will appreciate some guidelines.

Thanks in advance.

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Yes, your mother can petition for you. As mentioned, it will take about 8 years until you can get a visa, as they only issue so many each year; if you marry in the meantime, that adds about 3 years to that wait.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Yes, your mother can petition for you. As mentioned, it will take about 8 years until you can get a visa, as they only issue so many each year; if you marry in the meantime, that adds about 3 years to that wait.

If he gets marry, the petition dies since his petitioner is an LPR parent. An LPR parent can never have a petition for a married son or daughter.

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since the priority date is 1982, your age needs to be counted on that date. if you were minor at that time you should have been issued visa. since I am not expert on the matter, cannot say anything for sure but this thread may be of any help to you. http://www.visajourney.com/forums/topic/551586-35-years-old-under-ir2-preference-category/

i would suggest you to consult an immigration attorney for legal views on your case.

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since the priority date is 1982, your age needs to be counted on that date. if you were minor at that time you should have been issued visa. since I am not expert on the matter, cannot say anything for sure but this thread may be of any help to you. http://www.visajourney.com/forums/topic/551586-35-years-old-under-ir2-preference-category/

i would suggest you to consult an immigration attorney for legal views on your case.

Different scenario. The linked case is about a petition by a USC. This thread is about a petition by a permanent resident.


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Thanks for the reply. From your response and other responses on this thread it seems that I have a 8 year wait ahead of me. And it is this waiting time I was hoping to avoid. So there is no other way around?

My parents will be even older by the time I'm allowed to be there. I want to spend time with them there and do not want them to move back to Pakistan just becuase I'M HERE. I hope you understand.

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Furthermore, are there any CSPA clauses I can use to make my case stronger?

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since the priority date is 1982, your age needs to be counted on that date. if you were minor at that time you should have been issued visa. since I am not expert on the matter, cannot say anything for sure but this thread may be of any help to you. http://www.visajourney.com/forums/topic/551586-35-years-old-under-ir2-preference-category/

i would suggest you to consult an immigration attorney for legal views on your case.

Thanks for the reply. My birth year is 1988, so I didn't even exist at that time. As mentioned, the case was not persued at that time and was reopened in 2010, when I was 21+. Yes I intend to discuss this matter with an attorney. In fact I once did, here in Pakistan. He demanded the 'old case number' from me, which I did not have but I have requested USCIS to provide me the complete Alien file and am hoping that the information I want will be included in that file.

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since the priority date is 1982, your age needs to be counted on that date. if you were minor at that time you should have been issued visa. since I am not expert on the matter, cannot say anything for sure but this thread may be of any help to you. http://www.visajourney.com/forums/topic/551586-35-years-old-under-ir2-preference-category/

i would suggest you to consult an immigration attorney for legal views on your case.

Age is not determined at the time the petition was filed in 1982. Age is determined when the PD first becomes current.

since the priority date is 1982, your age needs to be counted on that date. if you were minor at that time you should have been issued visa. since I am not expert on the matter, cannot say anything for sure but this thread may be of any help to you. http://www.visajourney.com/forums/topic/551586-35-years-old-under-ir2-preference-category/

i would suggest you to consult an immigration attorney for legal views on your case.

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Thanks for the reply. My birth year is 1988, so I didn't even exist at that time. As mentioned, the case was not persued at that time and was reopened in 2010, when I was 21+. Yes I intend to discuss this matter with an attorney. In fact I once did, here in Pakistan. He demanded the 'old case number' from me, which I did not have but I have requested USCIS to provide me the complete Alien file and am hoping that the information I want will be included in that file.

Hi,

Unfortunately, you have no case.

The PD for your parent first became current in the 1990s. CSPA does not apply to cases that were already eligible for visas in 2001. Furthermore, you did not pursue a visa within one year of when the PD first became current. You were already over 21 in 2010 when the case was reopened by your family.

Sorry

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Hi,

Unfortunately, you have no case.

The PD for your parent first became current in the 1990s. CSPA does not apply to cases that were already eligible for visas in 2001. Furthermore, you did not pursue a visa within one year of when the PD first became current. You were already over 21 in 2010 when the case was reopened by your family.

Sorry

We did not receive the VISA confirmation documents back in the 90s, which is the reason we could not pursue with the immigration process. Do we have a case now?

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We did not receive the VISA confirmation documents back in the 90s, which is the reason we could not pursue with the immigration process. Do we have a case now?

No. You are responsible for knowing when your PD becomes current. Since you fail to pursue visas when your PD became current, you have no case.

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No. You are responsible for knowing when your PD becomes current. Since you fail to pursue visas when your PD became current, you have no case.

Thanks again for the reply. Actually, the case was reopened in 2010 because there was negligence from the NVC's side supposedly and due to this the process of immigration of the rest of my family was swift. We on the other hand kept waiting for the documents, assuming that the embassy's taking the natural time required to send the documents.

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another option would be to marry a uscitizen, and immigrate in with your new spouse as your sponsor. is that plausible or feasible for you? Might want to check with Mom about finding a suitable lass, if she likes to arrange these things.


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