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What route should I take?

Asked Sep 17, 2009, 07:22 PM — 1 Answer
My father recently received his permanent residency card. He obtained his card by being sponsored by his brother a US naturalized citizen. In the I-130 petition they filed was my dad, brother(under 21), and me(over 21). Apparently the immigration lawyer that my dad went to told him that there was nothing they could do for me since I aged out, but I recently read about the Child Status Protection Act. Accourding to my dad the petition was filed on Oct. 1997, ten years later him and my brother have there papers, and I am left with nothing. Should I pursue this Child Status Protection Act further, or should I file a I-130 petition with my dad sponsoring me. My status now is I am 22 year old single, no kids, and live in the US(Texas to be precise), how long would it take for me to get a visa number if my dad sponsores me.

Any help would be greatly appreciated

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DCcityboy Posts: 649, Reputation: 138
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Sep 18, 2009, 11:29 AM
Consult with an experienced immigration attorney for both the CSPA determiantion and the FB-2B filing.

There was a recent AILA practice advisory that went out earlier this month. Its a bit complicated, based on your age at the time a visa came available to your father, minus the days the petition was pending, and you must file the LPR application within one year of the date the visa came available.

The FB-2B for most countries is backlogged about 8+ years.


In Texas call BAL, Foster Quan or Fong. Good luck!
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