Immigration Law Questions? Ask an Immigration Lawyer.
Ok, here is a link to the process:
Unfortunately, I don't have good news for you. Because your daughter is over 21 and married, they fit into Preference category 3. Take a look at this link:
Under F3, there is a date there of 08MAR02. This means that only I-130s filed on or before March 8, 2002 can be used to immigrate. So if you filed an I-130 for them now, they would have about a 10 year wait for 2002 to get to 2012. There is no way to speed that up. This is a waiting line of people that have applied before you and nothing in the law allows for anyone to jump ahead of anyone else in line, not even in an emergency. They probably would have great difficulty to visit during that time as well. Also, by then, the oldest would have aged out. So that means that the oldest would not be able to immigrant with the rest of the family. The 2nd might age out, but could be covered for an additional time with the Child Status Protection Act. This would allow the child to be protected for a short period of time after age 21, which is the time that USCIS takes to approve the I-130, but lately that is about 6 months to a year. So the child would be protected until around 21 and a half or 22. I am truly sorry for the bad news. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. I am not paid a salary. Clicking accept is the only way that I can get paid for helping you. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.
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