Applying for child over 21?If a person receives a greencard and comes to the US from the Middle East, and then applies for their over 21 son, I heard it takes about 8 years or so.. Is that about right? But their lawyer said that his specific case might be shorter (because they were waiting for a time, when their son was under 21, to get a visa for the parents as WELL as the son but he aged out), because the time that they were waiting (which was a while) could be somehow lessened from the time the son would have to wait now to get his visa NOW. Is there any truth to that? Ive never heard that before..
Depends on the details of the situation. In some cases the process has to restart from day 1 and take 8 years, in others the over-21 son or daughter can be credited with the old priority date and the remaining wait time is reduced.
But in his case hell have to restart with his parent filing a petition, since he was a derivative to his parents GC process and now a new direct petition must be filed for him.
Ok, thank you.. Do you know that case where they WOULD be credited with the old wait time?
If a person receives a greencard and comes to the US from the Middle East, and then applies for their over 21 son, I heard it takes about 8 years or so.. Is that about right? But their lawyer said that his specific case might be shorter (because they were waiting for a time, when their son was under 21, to get a visa for the parents as WELL as the son but he aged out), because the time that they were waiting (which was a while) could be somehow lessened from the time the son would have to wait now to get his visa NOW. Is there any truth to that? Ive never heard that before..
The lawyer may have been referring to the Child Status Protection Act (CSPA). It is a complex statute that is very fact intensive (it counts time in days for determining retention of eligibility). The lawyer will need to do some complex calculations OR you could try to figure it out on your own by reading through the USCIS memo on CSPA (it is found at www.uscis.gov using the search function, search for CSPA)
Good Luck,