Legal Question in Immigration Law in California

If my brother is under 21 by the time of petition filed by my mother, who is PR in US. But if he gets over 21 during the process. Would he be cosidered under 21 for the process of petition. Thanks


Asked on 3/13/13, 8:15 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Unfortunately, if your brother is the principal beneficiary of the petition, then, once he turns 21 or gets married, he will be bumped to a "lower" category.

I think you are confusing this with the Child Status Protection Act, which only "freezes" the age of a derivative-beneficiary under 21, in certain circumstances, when the principal-beneficiary is the parent.

Read more
Answered on 3/15/13, 6:39 am


Related Questions & Answers

More Immigration Law questions and answers in California