Immigration Issues/Amerasian Father

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Question
Hello,

A few days earlier, I asked you the following question "My friend's father naturalized in 2006. He came to the United States in 1994 as an Amerasian. My friend could not accompany his father because he was over 21. His parents filed a petition for him in 1994. In 1999, my friend got married. In 2003, when USCIS or NVC began to examine his petition, they lost contact with his father because his father moved elsewhere. In 2005, when his father contacted USCIS again, they resumed the processing of his petition which is still at USCIS. My friend wants to know when his family can obtain an immigrant visa. Some people told him that he would have to wait about 4 to 5 years more. Some others to;d him that he would obtain his visa in about one year. Who is right? Will the new immigration reform, if passed by both Houses, have an impact on his petition?"

You replied that his father should have re-petitioned for him and his wife when he became a citizen. From the time he reapplies it will take about 5 years to go through.

Yesterday, his father informed him that after review, the National Visa Center had asked him to pay visa fees. Does this means that his father does not have to re-apply and my friend and his wife will have their visas earlier?

Thank you for your assistance.


Answer
No - it just means that some clerk at the NVC does not know what they are doing. Once the NVC or the Embassy figures out that your friend married before the father became a citizen the case will be over. At that point they will lose all fees paid.

Regards,

Robert  

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