Being granted permanent resident status (Green Card) and moving to the United States would be a dream come true for many people. But what if you were told that you could not bring one of your children with you? Just imagine having to leave one child behind while you moved to the U.S. with your spouse and other children.
The scenario described above is, sadly, not uncommon. And it was the exact situation facing our clients recently. We will refer to our client as Roberto to protect his privacy. Roberto was a native and citizen of the Philippines who waited years to finally be eligible for his green card. While waiting for his green card, Roberto got married and had children.
The time finally arrived for Roberto and his children to apply for their immigrant visas at the U.S. Embassy in Manila. Roberto and his wife were devastated when they were told that one of their children was not eligible to immigrate to the U.S. with the rest of the family because they had already turned 21 years old.
Roberto consulted with Reeves Immigration Law Group and spoke with Attorney Ben Loveman, who is a partner of the firm. Attorney Loveman reviewed the matter and immediately notified Roberto that he believed that the Embassy had made a mistake. Attorney Loveman said that he believed that Roberto’s son was protected under the Child Status Protection Act (CSPA). If Attorney Loveman was correct, then Roberto’s son would be allowed to immigrate to the U.S. along with the rest of the family.
Attorney Loveman sought an advisory opinion from the U.S. Department of State. He believed that this advisory opinion would confirm that Roberto’s son was indeed covered under the CSPA, and he also thought that this independent analysis would make their case even stronger when they appealed the Embassy’s decision.
I am now happy to say that Attorney Loveman was correct and that Roberto’s son was covered under the CSPA. Therefore, Roberto and ALL of his children were able to obtain their green cards. The entire family moved to the U.S. together and they are incredibly thankful for Attorney Loveman’s dedication and his ability to help them.
