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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10897
Experience:  Write FOR JAMES to get my help!
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One of my friend filed i-130 daughter. When she filed I-130,

Customer Question

One of my friend filed i-130 for her daughter. When she filed I-130, her daughter was divorcee and daughter has 3 unmarried children at that time. The petition was approved and the case is at NVC now. The petitioner submitted all the fee including visa
fee ($325.00 each) for the beneficiary and her 3 children. The principal applicant (beneficiary) filled out her DS-260 Immigrant visa form and submitted to the NVC. Beneficiary's children also filled the DS-260 Immigrant visa form, but when they tried to submit
DS-260 form it shows the status Not Available. Do you know what is the reason and why the children of beneficiary are not able to submit the DS-260. The status shows Only applicants who will immigrate to the US at the same time as the principal applicant can
fill DS-260 at this time. The children of beneficiary are now 28,27 and 25 years of age. Can you help to submit DS-260 for the children of my friend's beneficiary?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

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I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. I can only control my customer service to you. Thank you for your understanding.

ANSWER: Unfortunately, I don't have very good news. The likely reason the daughters are not included is because they are now over 21 years old. That means they have aged-out of the petition that was filed for them. They are no longer considered "children" under immigration law, and therefore do not qualify as derivative beneficiaries under their mother's case.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

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Customer: replied 1 year ago.
But the visa fee ($325.00) for all applicants and civil documents are submitted to the NVC. If the children are over aged then why NVC sent the fee invoice for all four applicants
Expert:  Expert James replied 1 year ago.

When was it submitted?

Customer: replied 1 year ago.
on 07/07/2015
Customer: replied 1 year ago.
That's why I am wondering, the DS-260 shows for all four applicants earlier and they filled out all the DS-260 forms but at the time of submission it shows not available. Only one Ds-260 was submitted yesterday that was for the principal applicant only.
Customer: replied 1 year ago.
I m waiting for your response. Are you there?
Expert:  Expert James replied 1 year ago.

Yes, I am here. But I am working with several customers at the same time, so delays are inevitable. I am doing the best I can to attend to all customers fairly.

Please be patient, as the only fair way to do this is to answer int he order questions are received. When you post asking me to respond, it puts your question to the bottom of my list. Your patience and understanding are appreciated.

Expert:  Expert James replied 1 year ago.

But you said the fee was paid, and then they filed the DS-260 application?

Customer: replied 1 year ago.
DS-260 was submitted only for the principal applicant but not for her children. They fill up the DS-260, but at the end at the time of submission, it shows Not Available. Thats why I am asking you that how can they submit their DS-260
Expert:  Expert James replied 1 year ago.

Let's start from the beginning.

The principal beneficiary was unmarried and was petitioned by her parent. What is the parent's status in the US now?