Family-Based Visa Question

[Zou]

Hi,

If a family fourth preference(f4)petition was filed and approved for a sibling before the sibling's daughter turned 21, can her daughter's name remain on the petition or does she have to be removed from it? Even though it was approved before she turned 21.

 

[usdeeper]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Zou:
Hi,

If a family fourth preference(f4)petition was filed and approved for a sibling before the sibling's daughter turned 21, can her daughter's name remain on the petition or does she have to be removed from it? Even though it was approved before she turned 21.<HR></BLOCKQUOTE>


I am going to have to refer you to a proper immigration attorney on this one. My reading of the INS Laws tells me that the conditions of the visa have to be met at the Port of Entry as that is the ultimate check. Even with a visa, if the person arrives at the POE and is found NOT to be under 21, then they could turn them away.

That is my interpretation of the law, please see an attorney to confirm.