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Can a petition be expired

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  • Can a petition be expired

    Good afternoon.

    I need some advise from your wonderful experts.

    My father was filed for by his mother, I was added to the application, but my dad migrated to the states in 2009, at the time I was bout 12 years old and i didnt not accompany him. Now I am 20 year old and I wondering if the case would still be active.

    My grandmother passed away, She was us citizenwhen she petitioned for my dad,.

    Please advise I dont want to age out and then lose my chance to join my dad.

    thank you very much

  • #2
    There is no time limit for a derivative beneficiary to "follow-to-join" a principal beneficiary, as long as the principal beneficiary (your father) remains a permanent resident (i.e. has not become a US citizen) and a visa number remains available for his category and priority date (which it certainly will be).

    Since the petitioner in this case (your grandmother) has died, a substitute sponsor will be needed to complete an I-864 Affidavit of Support for you.

    Hurry because you need to be under 21 and unmarried to qualify as a derivative, so you need to go through the consular processing process and enter the US with the immigrant visa before you turn 21.
    Last edited by newacct; 05-10-2017, 04:24 PM.

    This is my personal opinion and is not to be construed as legal advice.

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