Legal Question in Immigration Law in District of Columbia

Re: 22 yrs old Daughter of a waiting alien on family basis

Dear Inquirer:

If your niece was 13 in 2002, she cannot possible be over 21 now. If the priority date becomes current and she is over 21 at that time, she may still be eligible to obtain her green card as a derivative applicant under the CSPA.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like further information.

Re: 22 yrs old Daughter of a waiting alien on family basis

Assuming tha you yourself are not a U.S. citizen but

rather a lawful permanent resident(green card holder), and that a visa priority date may open for your sister in a couple of years, it would appear, unfortunately, that your sister's daughter would've likely "aged out" in terms of her eligibility to still also be considered for a green card under the application which you've filed in behalf of her mother since she(the daughter) now is apparently over age 21.

You could check further into this issue by going to the USCIS.com website and clicking on the link to

the Child Status Protection Act of 2002 for further information as to how this works in a situation such as your niece's.

(Neverheless, it should also be mentioned that if and when your sister receives her own green card, she then, of course, could sponsor a family preference based application for a green card for her daughter.)

Re: 22 yrs old Daughter of a waiting alien on family basis

Assuming tha you yourself are not a U.S. citizen but

rather a lawful permanent resident(green card holder), and that a visa priority date may open for your sister in a couple of years, it would appear, unfortunately, that your sister's daughter would've likely "aged out" in terms of her eligibility to still also be considered for a green card under the application which you've filed in behalf of her mother since she(the daughter) now is apparently over age 21.

You could check further into this issue by going to the USCIS.com website and clicking on the link to

the Child Status Protection Act of 2002 for further information as to how this works in a situation such as your niece's.

(Neverheless, it should also be mentioned that if and when your sister receives her own green card, she then, of course, could sponsor a family based (second preference) application for a green card for her daughter.)