Two inaccurate, if not false, rumors circulating throughout immigrant communities in New Jersey concern the 4th preference category and the ability of derivative children to immigrate even if they are over 21. Many of our Indian clients from Edison, Passaic, and Jersey City have received false information from immigration “agents” (people who are in fact not authorized to dispense legal advice or prepare immigration forms) that USCIS is no longer accepting petitions for brothers/sisters filed by their US siblings. This is not true. Although the 4th category is moving very slowly, it is still alive and well. The second misconception circulating out there among immigrant communities is that derivative children over 21 but less than 28 years old are allowed to come with their parents. There is no such rule. If derivative children are allowed to immigrate after turning 21, it is most likely due to the fact that they are protected under the Child Status Protection Act (CSPA). Our office has handled many cases of this sort and we have successfully helped many families immigrate with their children over 21. However, eligibility under the CSPA is very fact and case sensitive. There is no such automatic law. These false rumors may be motivated by greed, as both of them appear to induce and encourage unsuspecting victims to pay money to file applications out of either fear or false hope.
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