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If a foreign alien from europe wants to sponsor their parents based on 2015 Diversity Visa, is it possible?

Los Angeles, CA |

This foreign alien is the child and is very well over 21 and never married with no intention to get married. They said the number of visa selected is greater than the available visas so in the end this child might not get the visa. He is already present in the US and wanting to file for AOS and I-485. What would be the time frame and difficulties of this immigration case with USCIS? And what about the parents? Thank You

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Attorney answers 4

Posted

It just isn't going to work since the child is over 21.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Posted

You are too old to be part of your parents application.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Posted

Depends on the immigration status of that Child and the meaning the Child puts into the phrase "sponsor based on 2015 Diversity Visa" .

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Asker

Posted

The child is on a legal active Visa but just won the diversity visa lottery, although doesn't feel like immigrate permanently unless the parents are free to come, he is concerned about them and doesn't want to leave them permanently.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

The parents will only be free to come if the child becomes an LPR, waits five years and then becomes a USC. Only a USC can petition for his or her parents.

Posted

First, the son or daughter who was selected in the lottery and who is in the USA can only adjust status to lawful permanent resident if he/she is in lawful status or eligible under INA Section 245(i). That being said, the parents are not derivative beneficiaries and the son/daughter can not petition for the parents until he/she naturalizes. This case requires the services of an experienced immigration attorney.

Cella & Associates has practiced exclusively in the area of immigration law for twenty years. However, the answers provided herein neither constitute legal advice, nor create an attorney/client relationship.

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