sposoring son

[renny745 1]

How long does it take to adjust to USC?

[renny745 1]

How long does it take to adjust to USC?, Ok , so ive just read that,I cant file for usc 90 days before the five years is up,i got my GC on october 16, and his 21st birthday is November 28,if i file the i-130 now, as soon as i become a citizen his age will be locked in no?

[Boiler 43,433]

How long does it take to adjust to USC?, Ok , so ive just read that,I cant file for usc 90 days before the five years is up,i got my GC on October 16, and his 21st birthday is November 28,if i file the i-130 now, as soon as i become a citizen his age will be locked in no?

I had hoped that the Lawyer would have talked you through this.

My thought is that you have to Naturalise, so that involves applying, going through the interview and been sworn in before he hits 21.

Timelines vary, but this looks tight.

[belinda63 2,981]

Going to be real tight. My spouse applied for citizenship in late May and will have his oath ceremony Nov. 2. So about five months. But it will depend on your application, if you receive a request for more evidence, how quickly you obtain an interview date, and how frequently oath ceremonies are held in your area. Since the majority of the process is done by the local office it is really hard to estimate and also we are looking at five years in the future so it's really impossible to estimate how long the naturalization process will take.

Any overstay he accumulates prior to his turning 18 won't count against him so that gives you a little time to consider the options available before he risks receiving a ban but please do remember, if he is out of status he is subject to detention and deportation at any time.

[renny745 1]

I think the lawyer was speaking about cspa, if i file the I-130 , then his the waiting time would be subtracted from the age of my son, im am going to call the lawyer and confirm that.

[Boiler 43,433]

CSPA - the unknown here is how long it will take them to process the application and if that will keep him in the immediate category long enough for you to naturalise.

Assuming it can keep him in the immediate category then you want them to take as much time as possible.

[Boiler 43,433]

You mentioned in your other thread that his birthday is in November, so will he be 17 next month?

[aaron2020 11,651]

I think the lawyer was speaking about cspa, if i file the I-130 , then his the waiting time would be subtracted from the age of my son, im am going to call the lawyer and confirm that.

Either the lawyer is wrong or you are misunderstanding.

CSPA is the only law that deals with age freezing. There is no age freezing at the time that an LPR files for an unmarried son. There is age freezing later, but it will not be applied retroactively to the day you file.

[renny745 1]

Yes his birthday is next month,and I will have to clarify with the lawyer because I'm confused.

[belinda63 2,981]

Another problem presents itself also. Looking at the current visa bulletin the wait time for a F-2A category is just over 2 years. Granted you can drag your feet a little bit, but if the I-130 is approved prior to you being naturalized he would have to leave and interview in another country, thus incurring a ban. Fine line to be walking trying to time the filing so a F-2A visa number doesn't become available prior to you becoming a citizen and your obtain citizenship prior to his turning 21.

[Boiler 43,433]

I would strongly suggest you post this on www.immigrate2us.net. They also have recommended lawyers some of whom will do a consultation for free.

Make sure you list all the details.

I can not make it add up but there could be something I do not know or am missing.

[NigeriaorBust 4,087]

So if he leave at 18 years 5 months and a few days he has no ban. That should be about a year and a half from now. If the petition is approved in about 2ish years he has about 6 months to wait on the I130 , depending on how quickly he can get an interview , it is likely less than a year after he has to leave.

[Boiler 43,433]

That would be the back up plan assuming there is not any other option.

[renny745 1]

hey guys , i spoke to a lawyer again , a different one, and he said that he can adjust in the u.s. after they show uscis that it would cause great hardship if he is sent back to his country, because of all his family being here, and rise of crime in the country etc.

[Boiler 43,433]

Sounds like he is talking about an in country I 601.

I do not see how it is applicable in this case.