QUESTION

Can a mother add her over 18 age children in her petition for a visa?

Asked on Oct 25th, 2018 on Immigration - New York
More details to this question:
The grandfather is a U.S citizen. He filed for a visa for his daughter (the mother) to come to the US. The mother has 3 children ages 17, 22, & 25. She wants to bring all her children with her. The mother’s case will complete 3 years on April. 26, 2019.
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1 ANSWER
Answered on Nov 18th, 2018 at 9:26 AM
For your information, the limit on age to bring in a child is 21, not 18.  In your facts, you did not state whether the mother is married or unmarried. If married, the grandfather would have petitioned for her under the F-3 category which presently has a backlog of approximately 12 years. If single, the backlog is approximately 7 years. As you state that the mother's case will complete three years on April 26, 2019 meaning that the grandfather filed in April 2016, the child who is 25 definitely will not be allowed to immigrate as he or she was already over the age of 21 at the time of filing. Whether the other two children can ultimately immigrate will depend upon how long the I-130 petition pends at U.S.C.I.S. The pending time is considered a credit when counting the ages of children, and the longer the petition pends, the better for the other two children. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

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