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Over aged - IR petition

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jav
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Over aged - IR petition

Post by jav » Tue Jul 27, 2004 6:32 am

Good day!

Just want to seek help in my case.

My mom who is an american citizen petitioned me for an immigrant visa year 2001. I turned 21 the same year, right before receiving a letter from the embassy stating that I am qualified for an interview, so technically, I was over aged then. Unfortunately also, it was the year of the bombing (9/11) and my mom was frightened about it and didn't want to risk my life then so she decided for me not to show up and push the application. Is there a way we can open my application again? Or could there be another option my mom can file so she can get me there quick and easy?

I'd really appreciate any help you can extend to me.

Thank you very much!
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Cosmopol
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Post by Cosmopol » Tue Jul 27, 2004 11:35 pm

Unfortunately, I don't think there is a quick an easy way here. As a child of a U.S. citizen you certainly qualify for an immigrant visa, but not being an immediate relative any longer (once over 21), a visa number is not immediately available to you, i.e. you need to wait in line, as the category you are in is oversubscribed. The Department of State is currently issuing immigrant visas to those in your category who applied in October of 2000 -- that gives you a rough idea of the waiting times. Generally, they allocate 23,400 visas a year for your vategory + any leftovers from other categories, so it looks like the line is about 100,000 applications long.

If you need to be in the States quicker, you should probably consider other ways to enter and or immigrate.
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jav
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Post by jav » Wed Jul 28, 2004 4:31 am

Hi - thanks for the info.

Do you think it is a good idea that my mom will file another application under the Unmarried Sons&Daughters (over age 21) even if there is an existing/pending application? Which category do you think is the most appropriate to go on with considering my situation? Like, what is the lead waiting time for each category if ever?

Thanks again in advance! :)
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Cosmopol
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Post by Cosmopol » Wed Jul 28, 2004 3:36 pm

Not sure I can add much beyond the general guidelines from the Dept. of State. You may want to explore your individual case by contacting the U.S. Embassy in Manila and checking whether they'd process your application based on your Mom's approved petition from the past.
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Kayalami
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Post by Kayalami » Wed Jul 28, 2004 4:19 pm

jav,

The Immigration and Nationality Act normally requires a child sponsored in the Immediate Relative class to complete their adjustment of status (if in the US) or issuance of a permanent resident visa (outside the US) with subsequent entry into the US before you turn 21. Due to delays in processing petitions congress passed a new law the 'Child Status Protection Act' to protect against those 'Aging Out'. This considers you a child until your AOS or entry into the US is completed even if you are over 21 if the relevant petition was submitted prior to you turning 21. Regretably the Act was passed on 6 August 2002 - I believe it is not retroactive but there is no harm in enquring with the local consulate.

If your mother did not withdraw the petition you would have been automatically moved to the 1st family preference category as an unmarried over 21 child of a USC. The priority date for Phillippines Nationals (am presuming you are one from Cosmopol's post) is 15 Jun 1990 - see Department of State August 2004 Visa Bulletin. You are effectively looking at a 14 year wait before you can immigrate to the US in the 1st pref Family Category unless the quotas are changed. If you are not a national of the Phillippines or India (priority date 1 Jan 92) then your priority date is 22 Oct 2000.

Note that because of the IR petition you are unlikely to be succesful in obtaining a non-immigrant visa to enter the US. You should consider applying for dual intent visas such as the H1B if you have the relevant academic qualifications.

Sorry this may not be the news you wished to hear.
Last edited by Kayalami on Wed Jul 28, 2004 4:25 pm, edited 1 time in total.
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Cosmopol
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Post by Cosmopol » Wed Jul 28, 2004 4:24 pm

Thanks, for the additional details, K.! I presumed at least the current location to be Philippines from the personal profile, but only at the time of my second post - that's why such a difference in estimating processing times...

It definitely appears that alternative ways to enter the U.S. should be sought.
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jav
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Post by jav » Thu Jul 29, 2004 1:04 am

Thank you so much for your replies!

My mom plans to visit the INS office personally. Will let you know whatever happens!

Wish us luck!
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Cosmopol
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Post by Cosmopol » Thu Jul 29, 2004 6:06 am

Best of luck!
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