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Discussion

Confused...needs advice.

Hello all,

I just need an advice about my situation right now:

Situation 1 :My dad (a green card holder) had filed a petition for me last Aug 2005. I was not 21 that time but in January 2006 I turned 21. I heard that those who turned 21 while on petition is ineligible for a green card. Dunno if that's true. On the other hand, there were other who tell me that I am still eligible for the petition because the petition was filed BEFORE I turned 21 years old. I am confused with this.

Situation 2 : And...What if the immigration petition was approved while I am on the process of obtaining a green card thru a nursing job in the U.S.? Would that speed things up or nullify the petition?

Thanks in advance.

Jan

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  • Expert
Hello all,

I just need an advice about my situation right now:

Situation 1 :My dad (a green card holder) had filed a petition for me last Aug 2005. I was not 21 that time but in January 2006 I turned 21. I heard that those who turned 21 while on petition is ineligible for a green card. Dunno if that's true. On the other hand, there were other who tell me that I am still eligible for the petition because the petition was filed BEFORE I turned 21 years old. I am confused with this.

Situation 2 : And...What if the immigration petition was approved while I am on the process of obtaining a green card thru a nursing job in the U.S.? Would that speed things up or nullify the petition?

Thanks in advance.

Jan

You actually cannot have two petitions being evaluated for a green card, so you will need to cancel the family-based one. It will normally be much faster for you to get an employer-based green card. Priority date for family-based is greater than five years right now.

Submitting another petition at the same time that one is already being processed is grounds to have both nullified, meaning cancelled.

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