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Need to know if my son is elegible. Please help!

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  • Need to know if my son is elegible. Please help!

    I have a question you folks may be able to answer me:

    I am the applicant of an I130 that was filed on March 2001. On August 2009 I got the approval notice via email. I have my wife and 2 sons (One 22, one 29) as the Derivative beneficiaries.

    A few days ago, I received a letter in the mail from the NVC asking for a payment for the immigrant visa processing. That letter also said:

    "Children who pass 21 years of age after the petition was originally approved by the USCIS become inelegible to accompany or join the applicant(s) immigration to the united states under the original petition".

    Now, it seems to me that the case was approved in August 2009, and my son turned 21 in May 2009, is he in the clear, or am I going to have any problems because of this?

    Thanks for your time.

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