Legal Question in Immigration Law in Michigan

sir,

i have been advised to consult you in the matter of immigration to usa.

i am giving you details of my son simranjit d.o.b. dec,1981 ,these are as following:

my father-in-law a us citizen applied for immigration of his married sons & daughters in the year 1977.

in the year 2005 his daughter's son simranjit took admission for masters degree in a us university and independently applied for student visa with us embassy in delhi.

the immigration officer did not grant him a student visa on the pretext that an application of immigration visa is already filed by his maternal grand father.

he asked for a proof of his returning back to india.due to lack of time it could be followed up.

my son was in the mean time offered studentship for master's in computer science by a uk university and he got uk student visa.and has now completed his masters degree there.

in the year aug, 2007 us authorities informed that visa for the

family(wife,self, daughter under 21) is now available and asked to complete the necessary documentation but the name of my son simranjit was excluded. on inquiry it was informed that he is above 21 years of age and asked to

take up the matter at the time of immigration interview before the immigration officer whether your son is covered under child protection law?

at the time of interview in jan,2009,this was brought to the notice of immigration officer but he informed that under the child protection law a grace period of 2 years is available and since your son is now above 23 years i canot allow him.

now that we are permanent resident of michigan,i have applied for

immigration of my unmarried son and have filled i-130 in july,2009.

under the present circumstances it may take another 7 to 8 years for

his immigration.

my question is whether any remedy is available under the us immigration law for my sons early immigration to usa.if possible,i need your help in the matter.

thanks,

h.s.sachdeva.


Asked on 8/29/09, 11:34 am

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

* Please be advised that your post/email was not directed to a particular attorney, but posted on a public forum at lawguru.com . If you intent was to consult a specific attorney in private, you should have emailed them directly. *

As to your question, no, unfortunately, there is no way to expedite this long waiting time for your son, beneficiary of the I-130 petition filed by a permanent resident father. Situations, when a child is too old to be considered a child for immigration purposes and therefore is denied an immigrant visa, happen quite often. He will have to wait abroad until his priority date (07-2009) is current. In alternative, he can try to apply for some other visa to USA.

Web: www.law-visa-usa.com

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Answered on 9/03/09, 11:53 am


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