Immigration Issues/I-130


Hello Mr.Mills,
I will really appreciate if you could please answer my question.
I have my I-130 pending through my mother who is a US Citizen.She filed in August 2004.My question is.When I get my immigration visa hopefully in 2008 will my daughter (who is unmarried and under 21 and hopefully will be 21 by the time I get my visa)be eligible to get her immigration visa at the same time based on my status?

Thank you,

Probably not.  I assume that you are the married son or daughter of a US Citizen.  The current wait time for this type of visa is about 7 years.  If your daughter is over 21, she will not be a derivative beneficiary.  If your daughter is then unmarried, you could then file for her but she would also have a long wait.

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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