Immigration Site

Hi,

i really hope someone can help me. My mother will receive her greencard in the next few months and we are wondering whether me and my sister are eligiable for the follow to join benefit. My mother is the sister of a U.S. citizen. My sister (23) and me (25) would love to join her when she immigrates to the U.S.; is this possible without waiting for a Visa? I really hope you guys can help me... I am very sorry for my bad english!

Thanks... David

edit: we live in Germany

Please see:

http://www.uscis.gov/USCIS/Laws/Memo...pa_30apr08.pdf

The above tells you how to figure out if either of you could still be included in moms F4 petition by her sibling.

You need to know the petitions priority date and when a visa first became available, both of your exact ages on those dates (broken down to the day). It is a complex issue but a possibility is there. However, only you have the required information needed to figure it out.

Good Luck,

thanks for your fast reply...

but your link doesnt work: 404 - Requested Page Not Found on Site

both dates are on 1st of january 2001

Look up the Child Status Protection Act.

To simplify and summarize how it works:

1. Calculate the length of time it took for the I-130 or I-140 to get approved (i.e. approval date minus filing date).
2. Subtract the result from your actual age. This is your CSPA-adjusted age.
3. If your CSPA-adjusted age is under 21 when the priority date is current, you would qualify to immigrate as a derivative beneficiary (if the particular immigration category allows derivative beneficiaries and you are unmarried and otherwise admissible to the US).

However, your case technically would not be classified as "follow to join"; you can get a GC at the same time as your mother, if you file the relevant paperwork along with her and go for the consular interview at about the same time as she does. Follow to Join is referring to a situation where the primary individual has already completed the process and been admitted as a permanent resident, and then their child and/or spouse are added as derivatives and complete the process months (or years!) later.