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

[NigeriaorBust 4,087]

3 hours ago, Rantes said:

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/

  

    And 1.3 million people there didn't get executed.  Really not bad odds   Death due to gang violence is also up in Los Angeles.   Doesn't mean that a reasonable person is in immediate danger.   

3 hours ago, Rantes said:

 

 

 

 

[CEE53147 559]

He could be part of the solution and join the military or police rather than staying illegally in the US. If he is unwilling to work to improve the conditions then neither he nor you can complain.

[Boiler 43,429]

Mexico is a really large country btw, one many millions of US Citizens visit every year.

[jan22 2,898]

You have gotten accurate information here.  I only want to add one minor point that affects your son's overstay calculation.  You said his TD status expired "several months" after you became an LPR.  That may have been when his TD visa expired, but he had no status once you were no longer in TN status.  As a derivative (i.e., he derived his status from yours), once you had no TN status, he immediately had no TD status.

Edited June 13, 2018 by jan22

[Rantes 1]

Hello all. Lets see here... 

@geowrian  & @SusieQQQ : Thank you both for those last pieces of information. Specially the links. Ill try to look up and read some today. 

14 hours ago, geowrian said:

You can keep the I-130 petition going just fine, but AOS is not going to be possible. He can qualify for an immigrant visa abroad when the PD is current, although an I-601 will be necessary as he will incur a 10 year bar upon exit from the US.

Edit: If he falls into F2B or the case is upgraded to F1 (by becoming a USC), then the PD won't be current for ~7+ years.

I concur with this, but have some questions now that the broader shape of things to come is coming to view. Here we go...

It seems likely that the approval will trickle through before his 21th b-day. Having a current visa before or at his 21th is now highly unlikely (although historically the graph on ***removed*** has dipped to "Current" in less than 2 months in the past! How come?).

Hence,

- Gets approved (the bond is there and it is genuine).

- Turns 21, and the system rolls him over to F2B and the PD is trespassed to this new category.

- I become USC and again the system - presumably automatically - rolls him over to F1 with the same PD still.

- In time, when PD is current he files through embassy (leaves of course) along with I-601 (I have a herniated disk that is expected to get a lot worse - I will need his help). In about  ~7+ years.

Does that seem look like a more or less fair sequence of events?

 

One last question though, my mother (USC) filed a petition for me on 04/16/02. I want to say this does not help him either because it was after 04/30/01. Thank you all...

 

 

[Jojo92122 1,924]

16 minutes ago, Rantes said:

Hello all. Lets see here... 

@geowrian  & @SusieQQQ : Thank you both for those last pieces of information. Specially the links. Ill try to look up and read some today. 

I concur with this, but have some questions now that the broader shape of things to come is coming to view. Here we go...

It seems likely that the approval will trickle through before his 21th b-day. Having a current visa before or at his 21th is now highly unlikely (although historically the graph on ***removed*** has dipped to "Current" in less than 2 months in the past! How come?).

Hence,

- Gets approved (the bond is there and it is genuine).

- Turns 21, and the system rolls him over to F2B and the PD is trespassed to this new category.

- I become USC and again the system - presumably automatically - rolls him over to F1 with the same PD still.

- In time, when PD is current he files through embassy (leaves of course) along with I-601 (I have a herniated disk that is expected to get a lot worse - I will need his help). In about  ~7+ years.

Does that seem look like a more or less fair sequence of events?

 

One last question though, my mother (USC) filed a petition for me on 04/16/02. I want to say this does not help him either because it was after 04/30/01. Thank you all...

 

 

The shorter wait in the past has to do with visa availability and the number of applicants.  The current trend is that it's taking longer for a PD to become current in the F2a category.  More applicants, same number of visas per year means longer waits since more people are chasing limited numbers of visas.

 

The I-130 will be approved because he's your son. 

 

As long as you are an LPR, he can not AOS.

 

You are counting on a waiver in 7 years which may or may not be granted.  What is your son going to do in the meantime?  Stay in the US illegally?

 

The petition filed by your mother does not matter since you already have a green card and overstay would not be forgiven for a grandson.

 

 

Edited June 14, 2018 by Jojo92122

[Boiler 43,429]

What bond?

 

He is here illegally, hardly fare to keep his life in limbo and who knows how long it will take. F2b Mexico is 25 years plus. Impossible to make an accurate assumption.

[Jojo92122 1,924]

Ignore the 7 years from previous posts.  Those wait times do not apply to Mexico.

 

The current wait in the F2b category from Mexico is 21 years.

 

The current wait in the F1 category from Mexico is also 21 years.

 

What are your plans for the next 21 years for your son?

Edited June 14, 2018 by Jojo92122

[Boiler 43,429]

Just to clarify, current, and they are getting longer.

[SusieQQQ 11,584]

1 hour ago, Rantes said:

 

One last question though, my mother (USC) filed a petition for me on 04/16/02. I want to say this does not help him either because it was after 04/30/01. Thank you all...

 

 

 

Once you got your your green card, the petition from your mother would have lapsed automatically. Been there done that,  so I can confirm this happens. 

[geowrian 22,335]

1 hour ago, Jojo92122 said:

The current wait in the F2b category from Mexico is 21 years.

 

The current wait in the F1 category from Mexico is also 21 years.

Very true...Mexico is heavily oversubscribed (didn't even notice it at the time...whoops). Ignore the estimated F2B/F1/F3 timelines earlier in the thread.

[Rantes 1]

20 hours ago, SusieQQQ said:

Once you got your your green card, the petition from your mother would have lapsed automatically. Been there done that,  so I can confirm this happens. 

I thought so.

Would you all shed some light on what is called "DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS". What is that one about? Thanks. 

[arken 4,197]

4 hours ago, Rantes said:

I thought so.

Would you all shed some light on what is called "DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS". What is that one about? Thanks. 

If a person is living in the US and the PD is earlier than the date mentioned in the chart, he/she can file for AOS. GC wouldn't be issued till the PD becomes current but it would give some relief with pending AOS status and EAD/AP till GC is approved.

[Jojo92122 1,924]

3 minutes ago, arken said:

If a person is living in the US and the PD is earlier than the date mentioned in the chart, he/she can file for AOS. GC wouldn't be issued till the PD becomes current but it would give some relief with pending AOS status and EAD/AP till GC is approved.

Just adding to this.

 

To qualify to AOS, a person must have and maintain legal status in the US prior to applying.  The only exception is an Immediate Relative of a USC.  

[geowrian 22,335]

Also to add to this, that's the current rule for when you can file AOS. It can technically change from month to month which chart they will use. For AOS, always go by the USCIS bulletin:

https://www.uscis.gov/visabulletininfo