what happen once a green card holder mother file her daughter(currently under 20 yr 1month) and her daughter is aging out after filling?
during the filing time her daughter is under 21
during the processing time her daughter is 21 or more....
what will be the processing time ? how much time will it take to get Green card now?
Please advice asap
You will need to do an analysis under child Status Protection Act to see what her eligibility to file for an adjustment is. If she is in the U.S. why hasn't she filed for adjustment? Better yet retain an immigration attorney and don't try to represent yourself in a very complicated area of law.
3 lawyers agree
The length of time the visa is being processed should be subtracted from her age under the Child Status Protection Act, so she can preserve her visa category.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Try to avoid a potential mistake and consult with a local immigration counsel to properly address all your present variables, because even slight immigration mistakes, in my professional opinion, become too costly and, at times, beyond repair.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602