Q: I married an American citizen he filled for my daughter she was under 18 at the time, her papers got denied because the
Lawyer made a mistake the first time. My husband and I are talking about divorce would that affect her case since we are still trying to get it fixed. She Is 22years old now. I just got my citizinship three months ago. Thanks, Suzy
A: When you say that her "papers got denied," are you referring to (1) the Petition for Relative or (2) an Adjustment of Status Application or Immigrant Visa Application. If you are referring to the petition for relative that your husband filed on behalf of your daughter, did he refile that petition while she was still under 21 years old, and does that petition remain pending or has it since been approved. To the extent that your daughter is NOT currently the beneficiary of a pending or approved petition for relative filed by her step father before she was 21 years old, she could have issues getting her permanent residency through him. When you became a permanent resident, did you ever file a petition for relative on behalf of your daughter? In family based immigration cases involving children beneficiaries who are approaching the age of 21, one needs to be concerned about the child "aging out" of the immediate relative category (for children, defined as those who are unmarried and under 21 and are the children of U.S. Citizen parent(s)) and, if aged out, then being placed in a preference category subject to a quota. It can also have ramifications on a child's eligibility to pursue adjustment of status if the child is inside the United States. The answers that you provide to some of the questions that a competent immigration attorney would pose may, but not necessarily, lead the attorney to conclude that, for example, your daughter, although now 22, may be able to benefit from the Child Status Protection Act, which treats adult children as though they are still minor children (under 21). There are too many unknown factors based on the limited amount of information that you provided in order to give you a definitive answer. It sounds as though you would be wise to invest in a consultation with a competent immigration attorney. Some law offices, like mine, offer telephone or online (via Skype) consultations for those who may not be able to travel to the attorney's office.
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