My 4 years old son was outside US when my lawyer filed the green card application for me and my wife, we were told that we can file immigration visa for my son together with our green card application. On my 140 form we did check an option that says "Immigration Visa" for my son, my lawyer said then we should get notification to provide documents for my son's visa once my 140 is approved. Now that my 140 has been approved for 1.5 years and I've got green card for 1 year, but I've not heard anything back from USCIS, and my lawyer said they've submitted service requests twice but also have not heard anything back. I'm worried and wondering what's happening to my son's case and how could I get it moving forward?
Thanks in advance for any advice.
Has your lawyer filed an I-824? If not, he should get 'moving' ... the 'following to join' visa process should be started withing 18 months.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
I 824 needs to be filed in order to initiate the consulate processing for the derivative.
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.
you can call the USCIS 800 number and make an inquiry about his case if all filing sin his case are done, or contact your congressman/senator to make a congressional inquiry. you can also make an infopass appointment at local office and go talk to an information officer for updates.
To push this case to the home consulate in your country, you will have to file an I824 Applic. for Action on Approved Petition to enable your son to receive his visa. This may take about a year. This process will trigger visa processing for your son after the I824 is approved. At the same time, filing for your son through a relative petition (I130) will take about 2 years to process. See http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2015/visa-bulletin-for-december-2014.html for F2A category current dates.
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 advise specific to your case. The statement above does not create an attorney/client relationship.
Has your status been adjusted? Derivative can adjust simultaneously.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Have you inquired with NVC and told them you have a son overseas and need a follow to join application?
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