Carmelita* was desperate to reunite her family in the United States after years apart. But everyone kept telling her that it was impossible, at least for now. They told her that it would probably take years for her son to immigrate to the U.S. since he was almost 21 years old.
Carmelita was heartbroken when thinking about the possibility of being separated from her children for several more years. But she also knew that returning to the Philippines to be with her family was not feasible. She had finally been granted permanent resident status (green card) and now had her dream job in the U.S. as a Registered Nurse.
Carmelita therefore decided to consult with Reeves Immigration Law Group. She spoke with Attorney Devin Connolly, now the firm’s Managing Partner. Attorney Connolly assured Carmelita that he could assist her in her quest for family reunification.
Attorney Connolly discussed the complexities of Carmelita’s case with her, including explaining why he believed her eldest son was still eligible to immigrate to the U.S. under the CSPA. Attorney Connolly introduced Carmelita to the term “age-out,” which refers to a child turning 21 years old and becoming ineligible to immigrate to the U.S. with their parent since they are no longer a child. Turning 21 years old can be devastating according to Attorney Connolly, because the difference between being considered a “child” and “ageing out” could be years of separation, heartache, and longing to be reunited with your family.
Fortunately for Carmelita, Attorney Connolly devised a plan to ensure that her eldest son would be protected under the CSPA. All the necessary forms and documents were thereafter timely submitted, including a legal brief from Attorney Connolly, and the U.S. Embassy in Manila ultimately agreed with Attorney Connolly’s legal opinion that Carmelita’s eldest son was indeed protected by the CPSA. He was therefore eligible to immigrate to the U.S. as his mother’s minor derivative even though he had already turned 21 years old. It also spared him from having to live alone in the Philippines for an additional 10 years while his mom and younger siblings lived in the U.S.
Carmelita is now able to celebrate Christmas, New Year’s and all the other holidays with her family in the United States. They are all in the U.S. with green cards of their own, including her eldest son who was nearly 22 years old at his time-of-entry. It was a long and stressful process, but now that it is over, Carmelita and her children are already thinking about the day they are eligible to apply for U.S. citizenship.
*Please note that we have changed our client’s name to protect her privacy.
