Client was admitted to lawful permanent residence as a married son of a U.S. citizen. At the time client was admitted to lawful residence, he was married and had children, however his wife and young son did not seek admission to the U.S. at the time he did. Subsequently, client’s U.S. citizen father had passed away and client was seeking to bring his wife and son to the U.S. Client was informed by a non-attorney that it will take several years for his wife’s and son’s petition to be proceed. Client retained attorney Chelico for representation.
Attorney Chelico reviewed the case and applicable law and determined that although the original petitioner had passed away, client’s wife and son derived their eligibility through the client and not the deceased father and there was no requirement for reinstatement of the petition. And since client was married and had children at the time he was admitted to lawful residence, his wife and children qualified for a derivative status and did not have to wait for a visa number to be available. After attorney Chelico filed the petition with the consular’s office, immigrant visas were issued in less than 3 months.