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Immigration Issues/Petition by an Amerasian Father

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Question
Hello,

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?

Thank you for your assistance.

Answer
New Law will not impact. I am conmcerned about this case. When your friend got married in 1999 when the fatehr was still aresident that was the ned of his case because LPRS can not petition married children. Therefore, he should have re-petitioned for the son and his wif eif still married in 2006 when he became a citizen. From the time he reapplies it will take about 5 years to go through.

Regards,

Robert

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