Bronx, NY asked in Immigration Law for New York

Q: An i-130 application was filed and approved for an adult 30yrs old

The application was filed by his mother a US citizen. The case is now going through the NVC process. My question is as a result of the freeze on visas and green cards that went into effect in June will the person be affected by it? I looked at the proclamation and it say spouses and children of U.S citizens are fine. According to section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)) a child is unmarried and under 21 years of age. Will the 30yr old unmarried child of a U.S citizen still qualify for the exemption?

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1 Lawyer Answer
Adan Vega
Adan Vega
  • Immigration Law Lawyer
  • Houston, TX

A: The proclamation issued this past June 2020 does not allow an exemption for F1 or F3 categories. The unmarried 30 year old is in the F1 classification.

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