Urgetn! Help! Family based green card
Hi to all, Im new in this forum. Please someone give me advice in my situation.
This is the scenario, my Father was petitioned by his sister when he was single, that was back 1982. And then, my father got married on 1984. I was born 1984 and my brother 1988.
So my Father did updates his paper and put us on record so that when his petition for green card is ready, we can join him together in US.
But what happend is that, the petition is not yet approved until 2006.
And by that time I was already 22 yrs old.
So what happened is, my Aunt who petitioned my father, when she was contacted that the petition is approved, she didnt include me as benificiary because she thought that Im already over 21yrs old.
But I heard that theres some kind of child protection act or something, that even if you got over age, you are still eligible.
It doesnt end there, on 2007 I got a job offer in NY, im from Philippines, and they petitioned me for H1B. And now I am married.
Im sure that we can do something about the over age thing, because of the child protection act or something like that, but Im not sure about now because I am married.
But Im still considering this because, like my father, he was petitioned when he was single, as time goes by, he got married and have kids. But still his petition was granted.
Also, I will be petitioned by my employer for green card this year, but it would take 5 years.
So I want to know if I got a shot at the family based petition for green card.
Because if Im still eligible, it would only take me months or say a year.
Im thinking that, it could be the same way in my case. If you need more clarification please ask me. Thank you!
Has your father already immigrated to the US?
From looking at the timelines, it is too late for you to benefit from the Child Status Protection Act. Your first opportunity to apply for an immigrant visa was in 2006 when the petition was approved and the priority date was current. After that, you have a one-year window to apply for the visa or at least hire an attorney to prepare the forms. If that one-year window expires without you taking the appropriate actions, the CSPA doesnt protect you anymore.