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Dealing with Age Out for an F4 Visa

Sacramento, CA |

I applied for an F4 visa for my sister on December 21 2001.
Her son was 12 years old.
I just want to know if he will be qualified for the visa since he has aged out now.

What legal help is available to deal with this?

Attorney Answers 4

Posted

During a discussion with an immigration attorney, she or he will ask you how long the petition was pending, the date of birth of the son, what country the beneficiaries are from and several other questions in order to answer your question.

Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

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Asker

Posted

Yes, of course. But some say that he will not qualify period, based on the information I have written. I was told that law has changed and that is why..

Jeff L. Khurgel

Jeff L. Khurgel

Posted

More information would be needed to give a complete answer. For example, if the petition had been pending for 4 years prior to approval, the priority date recently became current, and the visa was sought within one year of availability, coverage may be there for the son. If either of those three variables varied, he might not be covered. An evaluation from an experienced attorney should be sought.

Posted

If he remains unmarried, he may be able to immigrate under the Child Status Protection Act. We are in the process of litigating this issue before the Supreme Court.

Please see

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

The CSPA may offer him relief, even if he reaches age 21 before a visa becomes available.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

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Posted

The Child Status Protection Act (CSPA) may be available as a relief measure for your nephew. The CSPA permits certain beneficiaries to retain classification as a “child,” even if he or she has reached the age of 21. Consult with an immigration attorney who will be able to help you determine your nephew's eligibility and assist him in applying for an immigration benefit/visa.

The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.

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