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I have my brother in law just come to United state he have

Customer Question
three children but the old...
I have my brother in law just come to United state he have three children but the old one above 21 years old so he is left behind now he is untied state can he sponsor for him to come here?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: no he just come here on 4/18 now he got green card but I don't know what to help him
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: that is all I just want to know how to do to help his son left behind to come here with his family
Submitted: 6 months ago.Category: Immigration Law
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5/8/2017
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 6 months ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109,938
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 6 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Who applied for your brother? What was the Priority Date of the I-130? When was the I-130 approved? The Priority Date and the approval date are two different dates. What country was he and his son born in? What is the date of birth of the son?

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Customer reply replied 6 months ago
my wife sponsor for her brother family to immigrate to United State, there are five members in the family, his son was born in 03/11/988 not to be accepted because he is over 21 years old, the family of four husband, wife, and two daughters have arrived in United State on 4/18/2017 now they have green card, what form he need to do to sponsor for his older son to immigrate to United State to joint with his family?
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 6 months ago

It is also an I-130, and it will probably take 7 or more years before the son can immigrate through that I-130. Is the son single or married? The original I-130 filed by your wife, when was it filed? What country was that father and the son born in?

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Customer reply replied 6 months ago
they are from vietnam, the son is not marry yet, but if it take 7 years then I don't know, it is very much likely that he will marry.so it is probably I help him to fill I-130 form for him?
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 6 months ago

If he marries before his parent becomes a U.S. Citizen, he cancels the I-130. There is no category for adult son or daughter over 21 that is married if the petitioner is a U.S. Lawful Permanent Resident. If the parent becomes a U.S. Citizen before the son marries and then the son marries, the wait is 12 or 13 years. When was the old I-130 filed by your wife? When was it approved? Those are TWO DIFFERENT dates.

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Customer reply replied 6 months ago
my wife filled I-130 it was about 13 years age, they moved the case about a years ago then they have interview on march they approve for the family but left out old son and daughter we request for re considered then let daughter go but said the son about a month over, so they don't let him go.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 6 months ago

I'm trying to see if the child is protected under the Child Status Protection Act because if he is not, then he's going to be waiting 7 or more years before he can immigrate. I'm sure you want to avoid that, so please get me EXACT dates. Have your spouse look through the I-797 receipt notices for the I-130 that she filed:

1) I need the EXACT Priority Date of the I-130. That is usually around the date that she filed it.

2) I need the EXACT date that the I-130 was approved. That could be a few months after she filed the I-130 or a few years after she filed. The longer, the better. It is NOT the date that they started interviewing the family. So please look on the I-130 receipts and look for the approval notice.

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Customer reply replied 6 months ago
thank you I will find out and let you know.
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 6 months ago

Ok. Thank you.

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Customer reply replied 6 months ago
i have found I-797 notice of action
receipt date February 17,2004, Priority date February 17, 2004
notice type: Approval notice
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 6 months ago

Ok. But what is the date of approval? When you get it to me, I will make the calculation for you, but if he is not protected, please do not blame the messenger. There is nothing that can be done. That is not my fault. Another way for him would have to be found.

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