LPR bring daughter to the USA!

[purpleghost 1]

LPR - mother just filed recently for my sister who is 20 years already. I would like to know what are her chances taking into consideration her age. She will be 21 next year and if petition is still in process, how does this affect her chances. Can CSPA help in this situation?

[Penguin_ie 6,002]

CSPCA may help- when exactly did the mother file and when will the daughter turn 21? Any chance of mother becomming a USC soon?

[NigeriaorBust 4,087]

CPSA allows you to subtract the time between receiving the petition and it's approval from the persons age. However the process is several years so there is a good chance your sister will age up. When can your mother become a USC ?

[purpleghost 1]

CSPCA may help- when exactly did the mother file and when will the daughter turn 21? Any chance of mother becoming a USC soon?

Thanks so much for your reply. Mother filed about 2 weeks ago and daughter will be 21 next August. Mother just arrived the USA as a LPR

CPSA allows you to subtract the time between receiving the petition and it's approval from the persons age. However the process is several years so there is a good chance your sister will age up. When can your mother become a USC ?

Thanks. See above ^

Edited November 29, 2012 by daikku

[JimVaPhuong 4,864]

If USCIS takes there sweet time approving the petition, and doesn't actually approve it until her priority date is nearly current, then yes - CSPA can help. At the time her priority date becomes current they'll deduct the amount of time it took to get the petition approved from her calendar age to determine her CSPA adjusted age. If her adjusted age is under 21 then she'll be able to apply for the F2A visa.

On the other hand, if USCIS approves the petition in less than a year, and there's still more than another year before her priority date is current for F2A, then she's going to age out.

What country is she from?

[purpleghost 1]

What country is she from?

Many thanks JimVaPhuong. She is Nigerian. Does this make any difference?

[NigeriaorBust 4,087]

Being Nigerian means she has the normal wait for her visa. A couple of countries have longer waits , some approaching forever waits. So she will most likely age out, and then the wait jumps from 2 plus years to about 8 years and the daughter must remain single all that time ( or until the mom becomes a USC and the petition is updated) You could file as a sibling if you are a USC and the wait is 10 years and your sister could marry. You can have both petitions open.

[purpleghost 1]

Being Nigerian means she has the normal wait for her visa. A couple of countries have longer waits , some approaching forever waits. So she will most likely age out, and then the wait jumps from 2 plus years to about 8 years and the daughter must remain single all that time ( or until the mom becomes a USC and the petition is updated) You could file as a sibling if you are a USC and the wait is 10 years and your sister could marry. You can have both petitions open.

Thanks NigeriaorBust. The way im looking at things, we have 2 options. Leave the petition from the mum (presently LPR) and update it when mum becomes USC or have me, USC file another for her and wait for as long as it takes. Question is, how long does it take normally for USC mum to get daughter into the USA from petition to entry? What happens if she marry while waiting, will it affect waiting time? I read somewhere that siblings might take up to 10 years.

[aleful 1,905]

Thanks NigeriaorBust. The way im looking at things, we have 2 options. Leave the petition from the mum (presently LPR) and update it when mum becomes USC or have me, USC file another for her and wait for as long as it takes. Question is, how long does it take normally for USC mum to get daughter into the USA from petition to entry? What happens if she marry while waiting, will it affect waiting time? I read somewhere that siblings might take up to 10 years.

she can only marry when you mother becomes a USC, she can never marry if your mother is only LPR. residents cannot file for married children, if she does the petition will be voided, cancelled the day she married. if your mother is a USC and then she marries, she will then change categories and the wait will take around 3 years more than of an unmarried child of a USC

unmarried children of a USC take around currently 7 years, but it can change in the future, 10 years for married children. as said these are dates that are currently taking place, but anything can change in the future.

as long as she is unmarried, both of you can file for her. for siblings it doesn't matter if she is married or unmarried and it is taking over 10 years waiting time.

[purpleghost 1]

Thanks aleful for your post above. Still waiting for a miracle in this situation We decided to only go with the mum's petition for now and hope for the best.

[purpleghost 1]

Ok I just used the CSPA calculator here to check this situation. (This is just an estimate and calculator might be wrong)

If approval date falls to the end of this year like I am assuming, then the CSPA age could actually make her eligible for immigration visa.

Visa Bulletin for June 2013 is out at the moment and folks from 08JUN11 are currently on the list now for F2A.

[elaismee 0]

We have the same situation. My mother just arrived at US then filed me I-130but I am turning 21 next year July. I hope CSPA may be of help