Children over 21 years Old - Can I take?

[iflysolo 0]

So after 2 decades my deceased father's petition for us his children for US immigration got approved and we got really excited. But according to my research I can only take children under 21 with me as derivative beneficiary. Is there a way to take my unmarried child

which is 23 years old with me to the US? Thanks!

Edited May 21, 2019 by iflysolo

[nguoivietnam2019 67]

4 minutes ago, iflysolo said:

So after 2 decades my deceased father's petition for us his children for US immigration got approved and we got really excited. But according to my research I can only take children under 21 with me as derivative beneficiary. Is there a way to take my unmarried child

which is 23 years old with me to the US? Thanks!

• As your father was deceased, the application may get rejected. However, as I understand, USCIS may provide an option for humanitarian reason but there are additional docs required (this happened to one of the families I know when petitioner was deceased before the beneficiaries' visa got issued).
  • Could you confirm if US Government is still okay with your father being deceased?
• 23 years old may have not been aged out yet with the CSPA age adjustment. To be sure, the following info is needed
  • Priory Date (PD)
  • Petition approved Date
  • Date when PD became current
  • Date DS-260 got submitted
• In case your child was, in fact, aged out - you must file the petition when you get admitted to US and receive physical Green Card in your hand (I do not think the temporary stamp on Visa can be used for petition).

[Boiler 47,487]

Deceased father?

 

That could be an issue.

[Crazy Cat 44,497]

Deceased sponsor?  That might not be an active petition now.

[nguoivietnam2019 67]

15 minutes ago, Boiler said:

Deceased father?

 

That could be an issue.

 

12 minutes ago, missileman said:

Deceased sponsor?  That might not be an active petition now.

I agree, this is an issue.  However, there may be tiny chance.

 

My friend's grandfather petitioned for his son's family and he was decreased right after the petition got approved.  USCIS sent the son a list of docs that he would need to submit to continue process with the deceased petitioner, docs include finding relatives who could submit I-864 to act as sponsor in place of the grandfather.  I partially helped them with the paperwork.  We were unsure if this was done as favor from US Government for the grandfather's long service for the US Government during Vietnam-US War. 

 

 

Edited May 21, 2019 by nguoivietnam2019

[Hank_ 9,174]

5 minutes ago, nguoivietnam2019 said:

 

I agree, this is an issue.  However, there may be tiny chance.

 

My friend's grandfather petitioned for his son's family and he was decreased right after the petition got approved.  USCIS sent the son a list of docs that he would need to submit to continue process with the deceased petitioner, docs include finding relatives who could submit I-864 to act as sponsor in place of the grandfather.  I partially helped them with the paperwork.  We were unsure if this was done as favor from US Government for the grandfather's long service for the US Government during Vietnam-US War. 

 

 

Exactly         

 

 

[iflysolo 0]

19 minutes ago, nguoivietnam2019 said:

• As your father was deceased, the application may get rejected. However, as I understand, USCIS may provide an option for humanitarian reason but there are additional docs required (this happened to one of the families I know when petitioner was deceased before the beneficiaries' visa got issued).
  • Could you confirm if US Government is still okay with your father being deceased?
• 23 years old may have not been aged out yet with the CSPA age adjustment. To be sure, the following info is needed
  • Priory Date (PD)
  • Petition approved Date
  • Date when PD became current
  • Date DS-260 got submitted
• In case your child was, in fact, aged out - you must file the petition when you get admitted to US and receive physical Green Card in your hand (I do not think the temporary stamp on Visa can be used for petition).

My deceased father is a non-issue and a relative agreed to shoulder all our expenses. 

 

By CSPA age adjustment, does it mean age of my children when the petition was filed? I'd like to think there's a tiny chance we can both immigrate to US together at the same time because it can take years for a separate application for my child to get approved. 

[iflysolo 0]

9 minutes ago, nguoivietnam2019 said:

 

I agree, this is an issue.  However, there may be tiny chance.

 

My friend's grandfather petitioned for his son's family and he was decreased right after the petition got approved.  USCIS sent the son a list of docs that he would need to submit to continue process with the deceased petitioner, docs include finding relatives who could submit I-864 to act as sponsor in place of the grandfather.  I partially helped them with the paperwork.  We were unsure if this was done as favor from US Government for the grandfather's long service for the US Government during Vietnam-US War. 

 

 

I'm a war veteran as well and I am already told the deceased sponsor shouldn't be an issue. I just really want to take my child with me when I immigrate but his age could be an issue. 

[nguoivietnam2019 67]

1 minute ago, iflysolo said:

My deceased father is a non-issue and a relative agreed to shoulder all our expenses. 

 

By CSPA age adjustment, does it mean age of my children when the petition was filed? I'd like to think there's a tiny chance we can both immigrate to US together at the same time because it can take years for a separate application for my child to get approved. 

1. Even if your relatives are okay.  You will need to make sure UCSIS allows it in written. If the petition just got approved, they may not get notified/realized that your father passed away.

2. CSPA age is a simple calculation but as I listed above - these are needed for that simple calculation.

[iflysolo 0]

9 minutes ago, nguoivietnam2019 said:

1. Even if your relatives are okay.  You will need to make sure UCSIS allows it in written. If the petition just got approved, they may not get notified/realized that your father passed away.

2. CSPA age is a simple calculation but as I listed above - these are needed for that simple calculation.

Thank you for the information. I think the best way to know if all is still good is to talk with an immigration lawyer. I will update this once I get clear answers to help people stuck in this situation as well. 

[Amadia 711]

56 minutes ago, iflysolo said:

So after 2 decades my deceased father's petition for us his children for US immigration got approved and we got really excited.

Were they informed of your father's death when it happened? If not, then they are approving this application without that information and it could cause you problems.

[Boiler 47,487]

Sounds like the death of the Petitioner is not known.

[nguoivietnam2019 67]

11 minutes ago, iflysolo said:

Thank you for the information. I think the best way to know if all is still good is to talk with an immigration lawyer. I will update this once I get clear answers to help people stuck in this situation as well. 

I hope the luck is on your side. Probably you and your relatives know this: your relative(s) cannot act as the petitioner and do the paperwork for NVC stage until USCIS gives written instruction/permission. This written doc will be very much attached to everything. Otherwise, it will cause willful misrepresentation, resulting in permanent ban on your side and trouble on your relatives'.

Edited May 21, 2019 by nguoivietnam2019

[SusieQQQ 11,588]

52 minutes ago, nguoivietnam2019 said:

• you must file the petition when you get admitted to US and receive physical Green Card in your hand (I do not think the temporary stamp on Visa can be used for petition).

Incorrect. Status is status regardless of whether a plastic card is issued yet. A petition can be filed as soon as you are stamped for entry, she can do it while she’s waiting for the baggage to come off the plane

[iflysolo 0]

6 minutes ago, nguoivietnam2019 said:

I hope the luck is on your side. Probably you and your relatives know this: your relative(s) cannot act as the petitioner and do the paperwork for NVC stage until USCIS gives written instruction/permission. This written doc will be very much attached to everything. Otherwise, it will cause willful misrepresentation, resulting in permanent ban on your side and trouble on your relatives'.

Thanks I will take note of that

1 minute ago, SusieQQQ said:

Incorrect. Status is status regardless of whether a plastic card is issued yet. A petition can be filed as soon as you are stamped for entry, she can do it while she’s waiting for the baggage to come off the plane

Thank you for the clarification