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Immigration Issues/Family-Based Immigration


I have a relative whose I-130 was filed by his US parents in June 2001 at California Service Center. Until now, his parents have not received I-797. In 2003, his son, born in April 1987, went to the United States on J1 visa. Now he is on F1 visa. My relative wishes to know whether his son will go back to Vietnam for an interview with the US Consulate General should the visa number become available. He wishes also to know whether his son can recapture the priority date in the event that his son ages out when the visa number becomes available and that he petitions on behalf of his son.

Thank you a lot.

I am confused - If his U.S. citizen parent filed for him in 2001 and he was under 21, the case should not be taking this long. Secondly, if his U.S. citizen parents were both citizens before he turned 18, he should be considered a U.S. citizen and he can try and apply for a U.S. passport showing proof of his parents U.S. citizenship.



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Robert Hollander<B> Esq.</B>



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