Q: My sister filed for me in 2004 and my son was 14 yrs old now I got through in 2018 and he is 28 yrs old and married sl
So would he and his wife be able to get through
A: Although the Child Status Protection Act (CSPA) can under certain circumstances protect a derivative beneficiary child from "aging out" of a petition, a derivative beneficiary child who marries cannot, by virtue of being married, remain as a derivative beneficiary on the case. Barring some other path to coming to the United States, which should be explored in a consultation with a competent immigration attorney, you can petition for him (and his wife as a derivative on his case) WHEN you have become a U.S. Citizen. Unfortunately, a U.S. Legal Permanent Resident cannot file a petition for relative on behalf of a married child. Consider having your son speak with a competent immigration attorney who can evaluate what his options may be. Many attorneys, including my firm, are offering online video Skype or Zoom consultations.
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.
