i have a U 1 visa. my wife and son were aproved to apply for a visa in 2010. my wife applied and has come to usa. my son was in college ,so he didnt apply in 2010. now he has finished college and would like to apply for the visa. but he is 23 yrs old now. he was less than 21 yrs when he was aproved for visa in 2010. the notice states "aproval U3. valid from april 23 2010- april 22, 2014. can he stil spply for visa?
DoS takes the position that U-3 derivative applicants must be under 21 at the time the visa is issued. It sounds like DoS never issued your son a visa, and if that is the case he will be unable to obtain the U-3 visa. It would be worthwhile for you to consult with an immigration attorney and bring as many of you and your son's immigration documents as possible to evaluate what options he may have.
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