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On dependents aging out


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The original thread is locked now, so I moved the answer to here.

 

Carl mentioned that his fiancee's dependent is about to age out on the process and he was advised to have his them get a student visa. Well, I don't know who is really right, but my wifes daughter did age out due to the process dragging on so long. She was denied a tourist visa by the Shenyang Consulate and told that she would be denied any visa (including a student visa) until she gets an immigration visa on her mother's request. That is currently about a five year long process and cannot start until my wife has her green card this summer.

 

She is currently in a culinary arts school to get the certification to try for a work visa in the US, but I figure it is a long shot. At least she will be offered employment in Shenyang on graduation.

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The reason that trying to get a student visa does not work in most situations is because a person wanting a non-immigrant visa cannot have an existing intent to immigrate which a child waiting to get a immigrant visa through their fiancee or spouse parent is presumed to have. The age-out situation for children of intending immigrants, reaching 21 years old before getting into America, has been exceedingly unfair. But now, the law has changed to help alieviate that unfairness. It is called the Child Status Portection Act. It is difficult to understand, but it already has helped many children get to the U.S. after they turned 21, which under the old law would have barred them from the U.S. for 5 or 6 years after their parents had gone.

 

Since about February, 2003 I have been reading this site's information without joining until just recently. It has helped me do my job. I have learned a lot about the "black-holers," and the clearance fiasco. As late as March this year the Company I work for in Guangzhou as an American immigration lawyer had some 40 or more immigrant visa cases with approvals from 7/02 to 11/02, but no clearances. Virtually all of these people waiting for their visas were Chinese families or Chinese couples. They had no group support and were not getting anywhere either. Neither was I until I found your site. So I thank you all for the un-intended consequences of all of your knowledge, your pain and frustations and your efforts.

 

Yes, I know, I know, many of you are sceptical of lawyers, maybe for good reasons, and perhaps you don't want me on this site. If so, take me off. I am not trying to sell my services, but to give information when I see it could be useful or pass on some understanding about the law. This is not an advice column.

 

I appologize if I have overstepped your bounds or rules.

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This is a public forum and as such you are welcome to take part. The line would be drawn at any attempt to use the site as a way to solicite business. Site monitor -Owen

 

Now for a personal word...

 

Skeptical of lawyers? You bet I am. Things seem to have changed little since Shakespear's day. If anything it is worse, especially in America with it's oversupply of lawyers.

 

In my own humble opinion, lawyers are (deleted by author)

 

Had to censor myself on that one. Rules are rules. That wasn't nice.

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While I too am skeptical of lawyers, I would welcome any advice that is pertinent to the struggles faced by many of the board members. As Owen says, as long as one does not solicit business, it is an open forum. Look forward to hearing from you more often.

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There is honesty and dishonesty in all professions. Out west we used to have a saying when the west was the west, "There are only two types of people, good people and bad people." There are even good bean counters! :angry: :angry: ;)

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I don't see this is about me. You all know the saying "what goes around, comes around." On occassion I might be able to add helpful information and do so in appreciation of the info I have gathered and used from this forum.

 

I would like to tell a little story. I am thankful to have a very conservative and skeptical older brother, sort of middle american of the mind kind, who would tell me every attorney joke he heard, virtually all were negative to the point of making out lawyers as road kill were lower than snakes. I grew a pretty tough outer skin, but there was one true incident about lawyer images that genuinely outraged me. Early during one Christmas shopping season in my hometown I was looking around an upscale toys, games and things store and saw a boxed broad game entitled something like "KILL THE LAWYERS." I protest to management and I think they removed the game as I didn't see it there about 2 weeks later, or, heaven forbid, they were all sold out.

 

Peace and justice.

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