Alien Resident petitioning minor child

[MrsBocanegra 3]

My mother in-law would like to petition her daughter who is 18 years old and is still living in Mexico. She will turn 19 in May. My mother in-law is a resident alien and I know she has to file an i-130 and her daughter would fall under the F2A category. She will be filing the petition tomorrow morning, but I just read that if she ages out then my mother in-law loses her money, since she is only a PR and will not be able to become a citizen before my sister in-law turns 21, in turn she wouldn't be protected by the Child Status Protection act. Based on the visa bulletin we may get lucky and the approved before her 21st birthday, but we are not sure if we are reading it correctly.

I am very confused on how to read a visa bulletin.

I noticed there are two charts and one the first one under A. APPLICATION FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES states the F2A priority date for Mexico is 22JUL14; however, the chart under B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS states the F2A priority date for Mexico is 15JUN15.

I am confused on which chart to look at. Could someone please tell me which chart to pay attention to?

We are really hoping it is not too late to file for my sister in-law. Any advice is greatly appreciated.

[NigeriaorBust 4,087]

She doesn't lose her money , the petition just takes longer. If your mother stays an a LPR the daughter must stay single and it will take an additional number of years. But if she files now she should just make it ( cpsa does help in this case )

[MrsBocanegra 3]

Thank you for the reply, but could you possibly explain the two different charts?

[fatherofthree 2]

My mother in-law would like to petition her daughter who is 18 years old and is still living in Mexico. She will turn 19 in May. My mother in-law is a resident alien and I know she has to file an i-130 and her daughter would fall under the F2A category. She will be filing the petition tomorrow morning, but I just read that if she ages out then my mother in-law loses her money, since she is only a PR and will not be able to become a citizen before my sister in-law turns 21, in turn she wouldn't be protected by the Child Status Protection act. Based on the visa bulletin we may get lucky and the approved before her 21st birthday, but we are not sure if we are reading it correctly.

I am very confused on how to read a visa bulletin.

I noticed there are two charts and one the first one under A. APPLICATION FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES states the F2A priority date for Mexico is 22JUL14; however, the chart under B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS states the F2A priority date for Mexico is 15JUN15.

I am confused on which chart to look at. Could someone please tell me which chart to pay attention to?

We are really hoping it is not too late to file for my sister in-law. Any advice is greatly appreciated.

I believe the first one is the cut-off date for those people that are waiting for their interviews while the second one is the current cut-off of the applicants petitions that are currently being processed. VJ gurus, feel free to chime in if I got it right =D

[newacct 688]

How did your mother-in-law become a permanent resident?

[MrsBocanegra 3]

How did your mother-in-law become a permanent resident?

Through my husband who is a naturalized US citizen.

[newacct 688]

The wait time in the F2A category is about 1.5 years. I don't see why it won't be done before she is 21. Plus, under CSPA, the length of time the petition is pending is subtracted from the age, so given that the petition takes a few months to approve, that gives a little more time.

[MrsBocanegra 3]

The wait time in the F2A category is about 1.5 years. I don't see why it won't be done before she is 21. Plus, under CSPA, the length of time the petition is pending is subtracted from the age, so given that the petition takes a few months to approve, that gives a little more time.

I thought CSPA would not apply to them because they are only PR's and not citizens.

[NigeriaorBust 4,087]

If a citizen files for a minor child the age freezes the day the petition is accepted. For LPR's you can take away the days between petition accepted to petition approval for the persons real age.

[MrsBocanegra 3]

Thank you that helps and gives us hope!