Q: Will my unmarried daughter be able to travel with me when the priority date becomes current?
My sister is a US Citizen. She sponsored me for the I-130 F4 immigration visa Category. My daughter was 14 years of age at the time and therefore was a derivative of myself. She is currently 26 years of age and my priority date is soon to be current. The I-130 application was filed on December 2007 and approved on February 2010. Will my unmarried daughter be able to travel with me when the priority date becomes current?
A:
Under the Child Status Protection Act (CSPA) it would appear that your daughter will have aged out and not be able to benefit from your sister's petition. The calculation works as follows:
Take the child's age at the time that the Immigrant Visa becomes available (meaning the priority date is current) and subtract the length of time that the I 130 was pending. In this case your priority date isn't current yet, and your daughter is already 26. Your I 130 was pending for a little over two years. Assuming your priority date was current today, you would take your daughter's age (26) and subtract 2 years 2 months. This would still leave her at more than 21 years of age. Therefore she will not be able to obtain a green card with you as a result of your sister's petition.
I would recommend that you make an appointment with an experienced immigration attorney in order to confirm this and explore your other options.
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