Asked in Immigration Law for New York

Q: Residence denied for becoming adult

My Dad (a legal US resident) applied for residency for my mom, brother and I. When the residencies were finally issued my brother had become an adult (the application was filed when he was still a child). It was issued for my mom and I but not for him. Is there any legal means to argue on my brother's behalf? we were told a new application and process would have to be filed for him, which is really unfair in my opinion. Thanks for your advise

Related Topics:
2 Lawyer Answers
Camlinh Nguyen Rogers
Camlinh Nguyen Rogers
Answered
  • Immigration Law Lawyer
  • Sanford, FL

A: Seek review and advice from an experienced immigration attorney. Good luck. www.aba-us.com

Rachel Einbund
Rachel Einbund
Answered
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: Hi,

This is an excellent question. Depending on when the original petition was filed, and how long it was pending, your brother may still be able to get his Permanent Residency under CSPA (Child Status Protection Act). I would need to know more details about your case before saying yes or no. Please feel free to contact me directly to discuss - Thank you!

Best regards,

Rachel Einbund, Esq.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.