Hi! I am a derivative beneficiary of the US immigrant petition filed by the spouse of my biological father( lead beneficiary).

Asked almost 2 years ago - New York, NY

My visa application was refused because the consul officer said I was already 19 at the time of my dad's marriage with the petitioner. My dad received his green card last year through that petition. I thought that as a derivative beneficiary of my father, I am allowed to follow him in the united states. I am already 25 years old and living outside the USA.

Attorney answers (5)

  1. Alena Shautsova

    Pro

    Contributor Level 20

    2

    Lawyers agree

    6

    Answered . Your father will need to petition for you. Your step mom could do it only if the marriage took place before you were 18.

    This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . The consular officer was, unfortunately, right. You had to be younger than 18 at the time of your dad's marriage to your step-mother.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Jennifer Lynn Bennett

    Contributor Level 10

    5

    Lawyers agree

    Answered . As my colleagues have explained, your step-mother could only include you on the petition when she petitioned for your father if you were under age 18 at the time of their marriage. If you were over age 18 at the time of their marriage, your step-mother could not petition for you. In that case, your father, whose petition is now approved, should petition for you at this time. Good luck.

    FOR CONSULTATION on IMMIGRATION or FAMILY LAW MATTERS Contact: Law Offices of Jennifer L. Bennett, 312.972.7969,... more
  4. Jeffrey N Lisnow

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Officer was correct. Speak to an attorney about what needs to be done next and by whom on your behalf.

    LEGAL DISCLAIMER: The answer(s) given are only to be deemed general in nature as all of the facts of your case... more
  5. Elliot M.S. Yi

    Contributor Level 15

    2

    Lawyers agree

    Answered . I agree with my colleagues.

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,826 answers this week

3,221 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,826 answers this week

3,221 attorneys answering