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US CITIZEN & PETITIONED BROTHER WHO HAS THREE CHILDREN. THE…

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I AM A US...

I AM A US CITIZEN & PETITIONED FOR MY BROTHER WHO HAS THREE CHILDREN. THE OLDEST IS WILL BE 21 IN SEPTEMBER. CAN THIS PETITION BE EXPEDITED TO BE PROCESSED BEFORE SHE TURNS 21!

Lawyer's Assistant: OK. The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?

NO

Lawyer's Assistant: Please tell me everything you can about this issue so the Immigration Lawyer can help you best. Please give me a bit more information, so we can help you best.

I-130 WAS APROVED ON 8/21/1999. This is a brother of a U.S. Citizen 203(a) (4) INA. country is Mexico. Beneficiary has three children included with the petition, but the oldest will soon turn 21 years old. I understand that she will no longer be included with this petition. My question is if there is a possibility to expedite this petition before she turns 21.

Submitted: 2 years ago.Category: Immigration Law
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Answered in 13 minutes by:
3/9/2016
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,051
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

No the petition cannot be moved ahead of the other petitions filed before yours.

The law is very strict on that and there is simply no jumping to the front of the line.

Your brother will have to file for her after he gets his status. She would not fall under the Child Status Protection Act to lock in her age under 21.

This is very unfortunate because your brother and family have waited this long but that is the law.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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Judith Ludwic, Immigration Lawyer
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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