20 year old child of US Citizen

[aaron2020 11,651]

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.

Excellent post.

[del-2-5-2014 1,339]

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.

Well said. The same goes for Nigeria.

[anoldjourney 1]

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.

So, do you mean that the day it's received/filed, is the date a visa is available? So not when the petition is accepted is the visa available? In which case them receiving my re-sent application ON my 21st birthday and filing it on the day (slim chances), means that the visa is available to me ON the day, regardless of how long until it's accepted? Which according to the CSPA age calculator would still make me able to be 'age-locked' if it's filed and visa available ON my 21st birthday??

[apple21 953]

Thanks for the info. You're all very helpful.

[aaron2020 11,651]

So, do you mean that the day it's received/filed, is the date a visa is available? So not when the petition is accepted is the visa available? In which case them receiving my re-sent application ON my 21st birthday and filing it on the day (slim chances), means that the visa is available to me ON the day, regardless of how long until it's accepted? Which according to the CSPA age calculator would still make me able to be 'age-locked' if it's filed and visa available ON my 21st birthday??

On your birthday, you are 21. You would no longer be under 21. The I-130 would need to be received the day before your 21st birthday when you are under age 21 in order for it to be an Immediate Relative case. Once you turn 21, you are no longer under 21. If the petition is received on your 21st birthday, it is one day too late for you to be classified as an Immediate Relative.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

Green Card for an Immediate Relative of a U.S. Citizen

To promote family unity, immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s:

Spouse

Unmarried child under the age of 21

Parent (if the U.S. citizen is over the age of 21)

Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories.

[Hypnos 6,576]

Widow/ers of a US citizen also qualify as an immediate relative, provided it has been less than two years since their husband or wife died.

[JimVaPhuong 4,863]

So, do you mean that the day it's received/filed, is the date a visa is available? So not when the petition is accepted is the visa available? In which case them receiving my re-sent application ON my 21st birthday and filing it on the day (slim chances), means that the visa is available to me ON the day, regardless of how long until it's accepted? Which according to the CSPA age calculator would still make me able to be 'age-locked' if it's filed and visa available ON my 21st birthday??

By "received" I mean the date that USCIS records the receipt of the petition, generates a case number, and issues a receipt notice. This is the same date that becomes the "priority date" for a family preference visa, or the "receipt date" for an immediate relative visa. It's usually not the same day the petition arrives at USCIS. They're frequently backlogged a week or more on intake of new petitions.

I said when a visa NUMBER becomes available. Not when a VISA becomes available. The National Visa Center issues visa numbers. No visa can be issued unless a visa number has been issued. This is how Department of State manages the annual cap system for visas. For family preference cases, a visa number becomes available when the priority date is current. That's when a beneficiary may request a visa number by submitting an immigrant visa application. For immediate relative cases a visa number is available as soon as the petition has been received by USCIS (as described above). Because there is no annual cap on immediate relative visas, there will always be a visa number available for them.

There was little hope in your case because the time was just too short. If I was your dad I would have hopped on a plane and flown directly to Chicago with your petition package, and I would have stood there while the clerk opened the envelope and entered the petition into the system. They WILL rush receipt processing of a petition if a beneficiary aging out is at stake, but you've got to get that petition in their hands first. The next best option would have been writing "URGENT EXPEDITE: POTENTIAL AGE OUT" in big red letters on the envelope, and then sending the envelope by the fastest private courier available, and then pray that somebody in the mail room notices the red letters and carries the envelope to the clerk to be processed immediately.