Asked in Immigration Law for California

Q: Can I get the green card?

Dear Sir/ Madam,

I would like to enquire about getting the green card.

My father became a permanent resident 2 months ago. He received an immigrant visa through employment-based. I was born before he got his green card, I'm 25 years old. I would like to ask can I use the following-to - Join Benefits?

I'm looking forward to your kind reply.

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1 Lawyer Answer
Simon Stepanyan
Simon Stepanyan
  • Immigration Law Lawyer
  • North Hollywood, CA
  • Licensed in California

A: Dear Andrea,

Unfortunately, you would not qualify for follow-to-join benefits because you were over 21 at the time he received his green card.

He can, however, file a green card petition for you. That is, if you are not married. The law does not allow green card holders to file petitions for married sons and daughters over the age of 21.

According to the February 2018 visa bulletin USCIS is currently reviewing applications filed in January 2011 for all countries except Mexico and Philippines. This usually means that you will have to wait approximately 7 years before they will begin reviewing the petitions filed in February 2018, assuming your father will file now. You can contact an immigration attorney or search for the bulletin for more information. You should look for the F2B category.

Things will change if he becomes a citizen while your application is pending or if you get married, assuming you are not.

I hope this helps.

Note that legal matters are subject to various outcomes. This answer tries to respond to the question based on the limited amount of facts present in the question. It might not be true depending on your specific circumstances. The best advice will be to arrange a consultation with an immigration attorney.

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