Narrative from the father of the family:
I came to this country in May, 2001 on H-1B visa and my family members (Wife and my 2 Daughters) joined me 2 months later as dependents on me on the basis of H4 visa and have been staying in this country with legal status. My elder daughter, was almost 10 years and 5 months old at the time of her arrival to USA. I applied for the “Alien Employment Certification” and the priority date assigned to me was 31st December 2003. I received transmittal notice from “Employment Development Department” dated 2004 that the processing of my Alien Labor Certification Application is completed and the application is sent to the Department of Labor. The labor Department approved my Application for Employment in 2005. I filed my papers for I140 in 2006, and the approval of which was given in 2008. I could not file for my Permanent Resident Status (I-485 form) as the priority date for India at that time was June 2001.
I was able to file my Permanent Resident Status Form (I-485) along with my Family only after the Visa Bulletin for March 2015 was issued by USCIS, after waiting for almost 6 years & 9 months, once the priority date opened for India. Myself and all my family members got the Employment Authorization Cards (EAD) in May 2015 with a validity of one (1) year up to May 2016. Unfortunately, we received the letter on October 17th, 2015 regarding denial of the Green Card for my elder daughter because her age was over 21 years. Permanent Resident Card has been issued to me, my Spouse and my younger daughter.
Considering the above explained situation, the USCIS gives us no choice but to send my elder daughter back to India. She grew up in America and asking one daughter to be separated from her whole family just because she is older than 21 is disheartening. Our family has always believed in going by the law and have put all our efforts forward in the last 15 years to stay legal in this country.
Currently, illegal immigrant children who were educated in America from a young age have rights to work and receive financial aid. Why is it that a family who has worked hard to stay legal and always follow the law is being punished for doing things the right way? I request you to kindly look into this matter and help me in getting the legal status of my daughter.
I came to this country in May, 2001 on H-1B visa and my family members (Wife and my 2 Daughters) joined me 2 months later as dependents on me on the basis of H4 visa and have been staying in this country with legal status. My elder daughter, was almost 10 years and 5 months old at the time of her arrival to USA. I applied for the “Alien Employment Certification” and the priority date assigned to me was 31st December 2003. I received transmittal notice from “Employment Development Department” dated 2004 that the processing of my Alien Labor Certification Application is completed and the application is sent to the Department of Labor. The labor Department approved my Application for Employment in 2005. I filed my papers for I140 in 2006, and the approval of which was given in 2008. I could not file for my Permanent Resident Status (I-485 form) as the priority date for India at that time was June 2001.
I was able to file my Permanent Resident Status Form (I-485) along with my Family only after the Visa Bulletin for March 2015 was issued by USCIS, after waiting for almost 6 years & 9 months, once the priority date opened for India. Myself and all my family members got the Employment Authorization Cards (EAD) in May 2015 with a validity of one (1) year up to May 2016. Unfortunately, we received the letter on October 17th, 2015 regarding denial of the Green Card for my elder daughter because her age was over 21 years. Permanent Resident Card has been issued to me, my Spouse and my younger daughter.
Considering the above explained situation, the USCIS gives us no choice but to send my elder daughter back to India. She grew up in America and asking one daughter to be separated from her whole family just because she is older than 21 is disheartening. Our family has always believed in going by the law and have put all our efforts forward in the last 15 years to stay legal in this country.
Currently, illegal immigrant children who were educated in America from a young age have rights to work and receive financial aid. Why is it that a family who has worked hard to stay legal and always follow the law is being punished for doing things the right way? I request you to kindly look into this matter and help me in getting the legal status of my daughter.
