Family–Based Immigration

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding family-based immigration.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

[f4q]

Hello,

My Sister has filed for F4 (i-130) petition in December 2003 and it got approved in 2009, now I am waiting for the date to become current for the visa interview. My son is currently in US and is Unmarried. So I have few questions about his eligibility of joining us as part of this immigration  in interview:

1) he is 26 years old and as per CSPA (child protection Act) rule, is he eligible under same petition?

2) does he have to come to India for interview or the process can be completed from US itself for him?

your thoughts and guidance on this is very much appreciated. Thanks.

 

 

[VRaos]

Hi, 

My case is as follows. I was working on H1b and my husband was working on F1-opt with still an year to go. Since we were working in different cities, I decided to convert to dependent visa F2 but my visa was rejected at Chennai consulate on grounds of 214b and was advised by the officer that I should be applying for H4. 

Now my husband's company has filed for cap-exempt H1b with premium processing and he should be getting it soon. My question is since I am in India and my husband is in US but will not have H1 visa stamped, would it be a problem if I would go for H4  interview ?

Thanks.

[Attorney_22]

On 9/7/2017 at 9:39 PM, f4q said:

Hello,

My Sister has filed for F4 (i-130) petition in December 2003 and it got approved in 2009, now I am waiting for the date to become current for the visa interview. My son is currently in US and is Unmarried. So I have few questions about his eligibility of joining us as part of this immigration  in interview:

1) he is 26 years old and as per CSPA (child protection Act) rule, is he eligible under same petition?

2) does he have to come to India for interview or the process can be completed from US itself for him?

your thoughts and guidance on this is very much appreciated. Thanks.

 

 

To fully respond to your inquiry we need more specific information. Please call our office to speak to one of our attorneys directly. 

[Attorney_22]

On 9/8/2017 at 10:15 AM, VRaos said:

Hi, 

My case is as follows. I was working on H1b and my husband was working on F1-opt with still an year to go. Since we were working in different cities, I decided to convert to dependent visa F2 but my visa was rejected at Chennai consulate on grounds of 214b and was advised by the officer that I should be applying for H4. 

Now my husband's company has filed for cap-exempt H1b with premium processing and he should be getting it soon. My question is since I am in India and my husband is in US but will not have H1 visa stamped, would it be a problem if I would go for H4  interview ?

Thanks.

If your husband is in valid H1B status through an approved change of status petition, then you should be eligible for an H4 visa. You can call our office to discuss this in detail.