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.
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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Your father will need to petition for you. Your step mom could do it only if the marriage took place before you were 18.
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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.
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I agree with my colleagues.
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Officer was correct. Speak to an attorney about what needs to be done next and by whom on your behalf.
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