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

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.

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Attorney answers 5


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.

This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.


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,, 3806 W. Irving Park Road, Suite B, Chicago, IL 60618. The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advice specific to your situation and/or case. The statement above does not create an attorney/client relationship. Answers on Avvo are only general in nature; specific answers require knowledge of all facts.


I agree with my colleagues.

The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201;; 503-227-0965. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.


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 were not provided and thoroughly reviewed. Any answers are NOT to be deemed as attorney advice as a full legal opinion can NOT be provided at this time without a complete analysis of all of the facts regarding your particular matter. Any and all statements provided do NOT in any way create any type of attorney/client relationship.

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