Legal Question in Immigration Law in Alabama

Dear sir,

My brother is a U.S. citizen, He applied I 130 for me in 2007 and get approved , I lives inside of the USA on temp visa , how to apply for my wife and children? next year my son will be reach at the age of 21. kindly give me kind advise what to do next.


Asked on 10/08/13, 6:50 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Depending on what country you are from, the October 2013 visa bulletin shows the F4 category at 2001 (it's even worse for nationals of the Philippines & Mexico). That means that even though your I-130 was approved, and assuming your I-130 was filed in 2007, it could take 6 more years until your priority date is current. You will not be eligible to apply for an immigrant visa until your priority date is current. Therefore, if you plan on remaining in the United States all that time, you will have to maintain valid, non-immigrant status. Otherwise, you will have to return home. As for any children over 21 at the time your priority date becomes current, they will not be permitted to immigrate with you.

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Answered on 10/09/13, 8:44 am

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