Jump to content
Sign in to follow this  
apple21

20 year old child of US Citizen

22 posts in this topic

Recommended Posts

I'm asking on behalf of my friend Ann: Filipino, currently 20 years old, single (unmarried) and with a baby.

Ann's father is a naturalized US citizen (by marriage to his US citizen wife) and is planning to file a petition for her this coming October 2012.

Scenario is: Ann's turning 21 on February 2013. If her father was able to file a petition for her this coming October, by the time its approved she'll be 21. Will that push her to the F1 category instead of IR?

And in case she gets retained on the IR category, will her baby be considered as her derivative?

Thanks in advance. :innocent:

Share this post


Link to post
Share on other sites

The latter would be a no so better to for for F1.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Under the Child Status Protection Act, the processing time for the I-130 can be deducted from her biological age to arrive at her "CSPA age". Provided her CSPA age is under 21 then she will qualify as an immediate relative and a visa number will always be available for her.

I do not believe immediate relative petitions can include derivatives.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post


Link to post
Share on other sites
The latter would be a no so better to for for F1.

Sorry, please be more specific? :blush:

Share this post


Link to post
Share on other sites

He meant that her child cannot be a beneficiary on the parent's I-130.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post


Link to post
Share on other sites

No point her coming and leaving the child behind.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Under the Child Status Protection Act, the processing time for the I-130 can be deducted from her biological age to arrive at her "CSPA age". Provided her CSPA age is under 21 then she will qualify as an immediate relative and a visa number will always be available for her.

I believe processing time for I-130 could be anywhere between 10-12 months. Does that mean there's a chance she can be admitted to IR?

I do not believe immediate relative petitions can include derivatives.

So Ann has to be the one who would file for her baby's petition after she gets her green card? Baby would be under F2A, right?

Share this post


Link to post
Share on other sites

As long as the petition is filed a reasonable amount of time before her 21st birthday then under the CSPA she will be fine.

Her child would have to have a separate I-130 filed on their behalf, by the mother, once her green card is approved. This would be under the F2A category and it would be an approximate two year wait until the child's priority date would become current.

Logistically, I'm not sure how she would be intending to do this. She would have to be separated from her child for two years, since she would have to live in the United States a majority of the time in order to maintain her green card.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Share this post


Link to post
Share on other sites

So she would abandon the child?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
No point her coming and leaving the child behind.

yes I get your concern, but there's also a 16-YEAR waiting period on the Philippines' F1 category. :(

if ever granted IR visa, the baby will be in the care of Ann's boyfriend (the baby's father) and Ann's mother.

Edited by apple21

Share this post


Link to post
Share on other sites
It's extremely common in the Philippines when young single women have children for the grandparents of the baby to do a lot, if not a majority, of the raising of the baby. In my experience (20+ trips there) it's more common for the grandmother to raise the child than the mother, if the mother is relatively young and single.

Ann would not be "abandoning" the child. Although the US culture might see it this way, it's not the way the culture in the Philippines works. Ann, the baby, and Ann's mother and the rest of the family would see it as normal for grandma to do the primary job of raising the baby.

Many people I know who have come to the US do so without their children and later return for them. My now ex-wife came to the US with her 18 month old son when she came on her K-1 visa but that was against the wishes of my son's grandma and not the preference of my fiancee. It was only my insistence that made her bring him.

Different cultures have different cultural norms. We shouldn't judge others based on our norms if what they are doing is the norm for them.

THANK YOU sir! :thumbs::thumbs::thumbs:

Share this post


Link to post
Share on other sites

The information in this thread about the CSPA is inaccurate. The beneficiary must be under 21 on the DAY THAT A VISA NUMBER BECOMES AVAILABLE. They can deduct any time that the petition was pending with USCIS; i.e., the difference between the priority date and the approval date, in order to determine their CSPA adjusted age ON THE DATE THAT A VISA NUMBER BECOMES AVAILABLE.

For family preference visa categories, a visa number becomes available when the priority date is current. For immediate relative visa categories a visa number is available the day the petition is received. This means that the beneficiary of an immediate relative petition effectively has their age locked on the day that USCIS receives the petition. It won't matter how long it takes for the petition to be approved, or when the beneficiary turns 21. They were under 21 when the petition was received so they retained their eligibility under CSPA.

That's the good news.

The bad news is that immediate relative categories do not allow for derivatives. Her child won't get a visa based on that petition.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×