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Can CSPA help soon to age-out I-130 petitioned son of LPR? Thank you...

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Hello everyone,

   I wish to put the following for input on peoples previous experiences as well as advice. I am LPR, I petitioned for my child and received priority date of 09/19/17 (California Service Center), his date of birth is 04/04/98. The projections here <<https://www.***removed***/visa-bulletin-tracker/ (select F2A-MEXICO)>> look very terrible and by all accounts seem to predict he will age-out (turns 21 on 04/04/19). Although I cant understand why some advice on lawyers sites advice against becoming USC as quick as possible, my obvious plan is to in fact become USC as quick as possible and hope that CSPA can yield an age for him less than 21 years and make use of the priority date we received earlier in his favor (not to sure if I will need to re-apply for him by then). Unfortunately my wife and I married after he turned 18, so she cant do nothing for him - they say, I have come to admit. As far as projections go it goes like this (your input is welcome):

* Earliest I can become USC is 09/30/20.

* His approval date is estimated to be 03/19/19 <<https://egov.uscis.gov/processing-times/>>.

* His estimated visa bulletin current date is 08/28/19 (09/19/17 + 1 Yr 11 Mths 9 Days - see link for ***removed*** tracker link).

If I plug these values into the calculator <<https://www.***removed***/cspa-calculator.do>>, then he actually does have a chance. The only thing is, what must I do and when to make it happen? Thank you all.

 

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Posted (edited)

There's nothing you can really do....either he wil be covered or he won't, all depending on when exactly his PD becomes current. There is currently about a 2 year wait in F2A for the PD to become current, but this is only an estimate and could go down or up based on how many people before him actually obtain a visa.

 

CSPA may be able to protect his F2A eligibility. Basically, they will subtract the amount of time between when you filed the I-130 until it is approved from his actual age. If he is still under 21 using that calculation when the PD becomes current, he will be covered (so long as he seeks to acquire the visa within 1 year, which I'm assuming won't be an issue).

 

Currently, I-130s for F2A seem to be taking about a year, although this varies heavily from case to case. So this likely gives him until roughly 4/4/2020 for the PD to become current. If so, then it sounds like CSPA will cover him.

It's to say anything more than "I think" and "probably"...there's a couple moving parts that are completely out of anybody's hands and al we can do is try to predict the future (I-130 processing timelines + when the PD becomes current). But if those items do check out, then CSPA will kick in at the NVC stage.

 

For reference, if you become a USC and the child is under 21 at the time, then their age is frozen under CSPA (since the PD becomes immediately current at that point).

Edited by geowrian

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1 hour ago, Rantes said:

Hello everyone,

   I wish to put the following for input on peoples previous experiences as well as advice. I am LPR, I petitioned for my child and received priority date of 09/19/17 (California Service Center), his date of birth is 04/04/98. The projections here <<https://www.***removed***/visa-bulletin-tracker/ (select F2A-MEXICO)>> look very terrible and by all accounts seem to predict he will age-out (turns 21 on 04/04/19). Although I cant understand why some advice on lawyers sites advice against becoming USC as quick as possible, my obvious plan is to in fact become USC as quick as possible and hope that CSPA can yield an age for him less than 21 years and make use of the priority date we received earlier in his favor (not to sure if I will need to re-apply for him by then). Unfortunately my wife and I married after he turned 18, so she cant do nothing for him - they say, I have come to admit. As far as projections go it goes like this (your input is welcome):

* Earliest I can become USC is 09/30/20.

* His approval date is estimated to be 03/19/19 <<https://egov.uscis.gov/processing-times/>>.

* His estimated visa bulletin current date is 08/28/19 (09/19/17 + 1 Yr 11 Mths 9 Days - see link for ***removed*** tracker link).

If I plug these values into the calculator <<https://www.***removed***/cspa-calculator.do>>, then he actually does have a chance. The only thing is, what must I do and when to make it happen? Thank you all.

 

Your son would be over age 21 by the time you can naturalize, so that will not help.

 

There is nothing you can do that will affect CSPA.  Based on your son's age and current wait time for the F2a category, it's likely that CSPA will help him.

 

All you can do is follow the current PD in the VB.

 

Best of luck.

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Hello all,

   I am so thankful for your replies. 

@geowrian: Yes there seems to be some hope. I noticed you mention NVC, I wonder how that will play out. I am hoping we can to AOS. You see, he was paroled and inspected into the US because I petition for him under a TD when I was TN. Then, I met my wife and we married (unfortunately after he was 18). Therefore, his status ended couple of months after I was given LPR. Once I become USC, so I've heard, it wont mater if he is out of status since it will be a petition from a USC for - hopefully through CSPA - a minor child. Makes sense? Please comment if you will. I've spent my fair share with lawyers and am confused, some give us hope, others tells us to abandon all.

 

@arken: Yes seems counter intuitive, but yes it makes sense. The only thing is that he has no status in the mean time. It is not an easy thought - he is a good kid.

 

@Jojo92122: Naturalizing wont help? Can you elaborate on that? From what I understand I must if CSPA is to play a saving role, no?

 

 

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Posted (edited)
48 minutes ago, Rantes said:

Hello all,

   I am so thankful for your replies. 

@geowrian: Yes there seems to be some hope. I noticed you mention NVC, I wonder how that will play out. I am hoping we can to AOS. You see, he was paroled and inspected into the US because I petition for him under a TD when I was TN. Then, I met my wife and we married (unfortunately after he was 18). Therefore, his status ended couple of months after I was given LPR. Once I become USC, so I've heard, it wont mater if he is out of status since it will be a petition from a USC for - hopefully through CSPA - a minor child. Makes sense? Please comment if you will. I've spent my fair share with lawyers and am confused, some give us hope, others tells us to abandon all.

 

@arken: Yes seems counter intuitive, but yes it makes sense. The only thing is that he has no status in the mean time. It is not an easy thought - he is a good kid.

 

@Jojo92122: Naturalizing wont help? Can you elaborate on that? From what I understand I must if CSPA is to play a saving role, no?

 

 

Ouch, this is a sticky way to go about it. You make it sound like being out of status isn’t such a problem... the “only thing” as you dismiss it to my way of thinking is a big thing ...l

He can’t do AOS as a child of LPR if he has been out of status.

if his PD becomes current while you are still an LPR... then what? He’s screwed.

also bear in mind your “earliest” date to become a citizen might be very optimistic. Some FOs are taking a year or longer to process N400s.  But you still can’t apply earlier than 90 days before your 3/5 year GC anniversary. 

Someone correct me if I’m wrong but once his PD is current, if CSPA protects him he has a year, after that he starts from scratch? He can’t claim CSPA any more after that. That potentially makes him an over-21 son of USC if your naturalization process is at one of the slow offices. Not an immediate relative. No forgiveness for out of status. Plus a wait of another 7 years or so. 

Edited by SusieQQQ

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Posted (edited)
47 minutes ago, SusieQQQ said:

Someone correct me if I’m wrong but once his PD is current, if CSPA protects him he has a year, after that he starts from scratch? He can’t claim CSPA any more after that. That potentially makes him an over-21 son of USC if your naturalization process is at one of the slow offices. Not an immediate relative. No forgiveness for out of status. Plus a wait of another 7 years or so. 

Correct. The child must seek to acquire permanent residency within 1 year or else CSPA cannot be utilized.

 

The stated plan is starting to show some holes. If the child overstays at all (which I don't advise, if he hasn't already), the only way they can AOS is if they are petitioned by a USC and the child remains unmarried and under 21. So she would need to actually naturalize before his 21st birthday, which doesn't seem like it is possible in the timeline. Otherwise, they call into F1 category, which is about a 6-7 year wait for the PD to become current + overstay is not ignored for AOS purposes.

 

The child should interview for the immigrant visa abroad instead of AOS if he hopes to be covered under CSPA. That said, if he has 180+ days of overstay, then he will have a 3/10 year bar on any visa. This is waivable, although that's another year of waiting and filing fee.

Edited by geowrian

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36 minutes ago, geowrian said:

Correct. The child must seek to acquire permanent residency within 1 year or else CSPA cannot be utilized.

 

The stated plan is starting to show some holes. If the child overstays at all (which I don't advise, if he hasn't already), the only way they can AOS is if they are petitioned by a USC and the child remains unmarried and under 21. So she would need to actually naturalize before his 21st birthday, which doesn't seem like it is possible in the timeline. Otherwise, they call into F1 category, which is about a 6-7 year wait for the PD to become current + overstay is not ignored for AOS purposes.

 

The child should interview for the immigrant visa abroad instead of AOS if he hopes to be covered under CSPA. That said, if he has 180+ days of overstay, then he will have a 3/10 year bar on any visa. This is waivable, although that's another year of waiting and filing fee.

OP said child’s status “ended” a couple of months after OP became LPR. If he can naturalize September 2020  - we can presume child has been out of status since approx November 2017... so almost certainly already over 180 days overstay.

and there almost certainly no way he can naturalize in the grace period where the son’s CSPA age is 21 even if he’s at a fast FO (I misread originally and thought it was sept 2019 he could naturalize, hence my comment above... but it’s worse than I thought)

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1 minute ago, SusieQQQ said:

OP said child’s status “ended” a couple of months after OP became LPR. If he can naturalize September 2020  - we can presume child has been out of status since approx November 2017... so almost certainly already over 180 days overstay.

and there almost certainly no way he can naturalize in the grace period where the son’s CSPA age is 21 even if he’s at a fast FO (I misread originally and thought it was sept 2019 he could naturalize, hence my comment above... but it’s worse than I thought)

Yup...I'm thinking the same, too.

It's actually worse than that...they would have to actually naturalize before the child biologically turns 21 (not CSPA-adjusted with an age under 21). Becoming a USC after the child turns 21 but within the CSPA coverage period can permit keeping the CSPA protections...but not the ability to AOS and ignore overstay as that applies to the immediate relative category. The CSPA adjustment in that case would call under F2A still...they can't be an IR (with overstay "protection") in one case and not an IR at the same time (CSPA).

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1 hour ago, SusieQQQ said:

Ouch, this is a sticky way to go about it. You make it sound like being out of status isn’t such a problem... the “only thing” as you dismiss it to my way of thinking is a big thing ...l

 

Yeup I know. Him an I spent a lot of time looking into alternatives: army (unless he learns a very foreign language), not even F-1 because he has no immediate family over there.  "You make it sound like being out of status isn’t such a problem...", there are LOTS of peoples riding this same boat - we like your spirit though. Some dreams will have to be put down in lieu for patience and keep being a person of moral minded principals (i.e. stay out of trouble). I lost you on the last part of your statement, " the “only thing” as you dismiss it to my way of thinking is a big thing ...l", can you run that through me again?

 

1 hour ago, SusieQQQ said:

He can’t do AOS as a child of LPR if he has been out of status.

WOW... I had an appointment with a high profile expert and he said this was a negative for sure. Can you shed some experiences, examples, laws, comment? This is very puzzling...

 

1 hour ago, SusieQQQ said:

if his PD becomes current while you are still an LPR... then what? He’s screwed.

 

Then what? DONT pursue this any more in its current shape-way-or-form. Become USC and upgrade or reapply + CSPA. That is what I came up with by reading the law here and there.

 

2 hours ago, SusieQQQ said:

also bear in mind your “earliest” date to become a citizen might be very optimistic. Some FOs are taking a year or longer to process N400s.  But you still can’t apply earlier than 90 days before your 3/5 year GC anniversary. 

 

Bellow is what we - hopefully - are looking at. If you see anything that is totally out of place please by all means point it out. 

<<TENTATIVELY SPEAKING>>

06/30/17: Conditional LPR 2 years began.

03/30/19 : Can send remove conditional restrictions form. Will get a 10 year permit sometime before a year passes. Will get a temporary permit good for one year in the mean time.

06/30/19 : 2 year conditional LPR term is terminated. 

03/30/20: Temporary 1 year in lieu for 10 year is terminated. Should by this date will have a 10 year unrestricted LPR status. Concurrently with this date will be eligible to file for naturalization.

07/30/20: Should receive appointment for naturalization

09/30/20: Obtained citizenship.

 

Thanks and sorry for the essay @SusieQQQ.

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2 hours ago, SusieQQQ said:

Ouch, this is a sticky way to go about it. You make it sound like being out of status isn’t such a problem... the “only thing” as you dismiss it to my way of thinking is a big thing ...l

He can’t do AOS as a child of LPR if he has been out of status.

if his PD becomes current while you are still an LPR... then what? He’s screwed.

also bear in mind your “earliest” date to become a citizen might be very optimistic. Some FOs are taking a year or longer to process N400s.  But you still can’t apply earlier than 90 days before your 3/5 year GC anniversary. 

Someone correct me if I’m wrong but once his PD is current, if CSPA protects him he has a year, after that he starts from scratch? He can’t claim CSPA any more after that. That potentially makes him an over-21 son of USC if your naturalization process is at one of the slow offices. Not an immediate relative. No forgiveness for out of status. Plus a wait of another 7 years or so. 

CSPA will not protect him.  His parent will not be eligible to naturalize until after he turns 21.  CSPA age for the IR of a USC is frozen on the day the parent naturalizes.  The waiting time is disregarded.  So CSPA will not protect him.

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The rules for CSPA is not what you think it is.

 

For family preference categories (F1, F2a, F2b, F3, and F4), the time it takes to adjudicate the I-130 is not counted against the beneficiary.  CSPA age is real age when PD becomes current minus time it took to approve the I-130.

 

For an Immediate Relative of a USC, the time it takes to adjudicate the I-130 is irrelevant.  CSPA age is the real age when the USC files or when the petitioner becomes a USC.  You were not a USC when you filed, so your son's CSPA age would be determined when you naturalize.

 

 

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The rules for CSPA is not what you think it is.

 

For family preference categories (F1, F2a, F2b, F3, and F4), the time it takes to adjudicate the I-130 is not counted against the beneficiary.  CSPA age is real age when PD becomes current minus time it took to approve the I-130.

 

For an Immediate Relative of a USC, the time it takes to adjudicate the I-130 is irrelevant.  CSPA age is the real age when the USC files or when the petitioner becomes a USC.  You were not a USC when you filed, so your son's CSPA age would be determined when you naturalize.

 

Once you become a USC after your son turns 21, your son's F2b case will become an F1 case.  Overstay is not forgiven for an F1 case.

 

 

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Posted (edited)
18 minutes ago, Jojo92122 said:

Unless your son marries a USC, he is screwed because you choose for him to overstay.

 

The latter part is a bit unfair. Ive been raising and caring for this boy. Look at the violence headings on Juarez alone? How am I supposed to let him go to that? 17 people executed over this last week end. The total for last month was around 175. A pastor executed last Friday... A pastor... I am not choosing for him I assure you.

https://canal44.com/category/local/

 

 

 

Edited by Rantes

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