Family Based Visa, need urgent help..
 

Hello All

Im new to this forum. Please take out some time to read my story:

Im 26 years old and from Pakistan. My father and mother got their green cards in 2007 through family based sponsorship (my father's sister sponsored us). when our case reached the local embassy, my name was included in it as i was less than 21 years. we used to wrote several emails to INS to expedite the process else I will age out and they always mentioned that I will remain included in the case. but the local embassy took so much time, and when they sent the final letter, my name was excluded from it as i aged out. now 3 years have passed.

some people have advised me to fight for this injustice. I need suggestions of all of you in this regard.

Please guide what are the options left for me?

thanks in advance.

Re: Family Based Visa, need urgent help..
 

We don't know what options are left to you, since we don't know what, if anything, you have already done? Do you have an immigration attorney? An attorney may know how to fix this.

Or, if you are not married (and remain unmarried), your parents can file right now for an immigrant visa for you. It will likely take a few years, but it will get the job done. You will get a GC the day you enter the US with that visa.

Worst case scenario - in 2 years, your parents can file to become US citizens. Once they are USCs, they can then sponsor you for an immigrant visa. Again, you will get a GC the day you enter the US with that visa.

Ian

Re: Family Based Visa, need urgent help..
 

You need the services of an immigration attorney. Your family can have a consulation with one here in the US to discuss your options. While I'm not an attorney and might well be wrong, I thought the Child Protection Act allowed you to immigrate as long as the I-130 was approved by before you turned 21 regardless of how long after your 21st birthday it became current.

BTW do not call it an 'injustice'. There is and was no injustice involved. Your parents' petition for their children followed the same guidelines as everyone else's in the same situation.

Re: Family Based Visa, need urgent help..
 

@ ian-mstm

we dont have any attorney and we havent done anything because we were unaware that anything could be done. but now some of the friends have told that if we try, something can be done on the case. im still unmarried, can you pls tell that if my parents file a case for me at this point in time, how much time will it take for GC?

@ Rete

ok, taken the word "injustice" back :).. thanks for a positive and hopeful reply, can you pls guide further, which attorney to be hired? and how the case should be taken up?

Re: Family Based Visa, need urgent help..
 

You must be clear - you aren't applying for a GC. You'd be applying for an "immigrant visa". When you enter the US with that visa, you will immediately become a PR (= GC)... but that's not what you're applying for. :)

As for how much time it'll take - no one knows. You'd be in category F-2B and for those in that category, the people who applied in 2005 (unless you're from Mexico or the Philippines) are just now starting to get their visas. So, you're looking at about 5-6 years. If your parents become USCs and then file for you, maybe a year less.

Ian