LPR trying to sponsor unmarried son- questions

[CEE53147 559]

I realize 19 YO males are not yet "cooked" as Judy Judy says, but he is likely of university age and out on his own in a somewhat controlled environment.  Leaving him in his native country is not such a crisis.  You can always decide to remain with him rather than go with your spouse. 

[EM_Vandaveer 2,370]

Even if you naturalize it'll take 12-14 months from filing to visa in hand. Why not file it now, USCIS starts working on it while your naturalization is in process then you upgrade it once you naturalized? That'd be the best use of time.

[EM_Vandaveer 2,370]

6 hours ago, hashtagme said:

Because we don’t have 2 years. We are supposed to leave Europe (husband on military orders) by the end of this year.

i am currently in process of getting naturalized- my N400  status is ‚being actively reviewed‘ 

We‘ve filed under 319b. 

 

It was just crossing my mind if we could take my son and file for him stateside if for some reason the N400 gets denied or takes too long for us. 

Of course we are still hoping for the N400 to get through so I can petition him as a US citizen.

Petitioning him as an immediate relative of a USC still takes 12-14 months from filing to visa in hand.

[Boiler 43,462]

If I understand correctly the idea is t freeze his age as the son of a USC as opposed to a LPR.

[EM_Vandaveer 2,370]

32 minutes ago, Boiler said:

If I understand correctly the idea is t freeze his age as the son of a USC as opposed to a LPR.

Wait a minute if an I-130 is already in the works as a child of LPR & the parent naturalizes doesn't the age get frozen then?

[Boiler 43,462]

1 minute ago, EM_Vandaveer said:

Wait a minute if an I-130 is already in the works as a child of LPR & the parent naturalizes doesn't the age get frozen then?

Should do but I was more commenting on the Naturalisation comment.

[EM_Vandaveer 2,370]

2 minutes ago, Boiler said:

Should do but I was more commenting on the Naturalisation comment.

Oh, OK. I saw that, too. I still don't understand why not file now & upgrade the petition once OP naturalizes.

[Boiler 43,462]

1 minute ago, EM_Vandaveer said:

Oh, OK. I saw that, too. I still don't understand why not file now & upgrade the petition once OP naturalizes.

Agree.

[SalishSea 16,778]

14 hours ago, hashtagme said:

Because we don’t have 2 years. We are supposed to leave Europe (husband on military orders) by the end of this year.

i am currently in process of getting naturalized- my N400  status is ‚being actively reviewed‘ 

We‘ve filed under 319b. 

 

It was just crossing my mind if we could take my son and file for him stateside if for some reason the N400 gets denied or takes too long for us. 

Of course we are still hoping for the N400 to get through so I can petition him as a US citizen.

Follow the rules, like everyone else.  We all have to plan, wait, pay fees, be apart from our loved ones.  

[SalishSea 16,778]

8 hours ago, EM_Vandaveer said:

Petitioning him as an immediate relative of a USC still takes 12-14 months from filing to visa in hand.

As it should.  As it does for everyone else.

[geowrian 22,335]

7 minutes ago, Joseliza said:

My daughter was approved as child of LPR under 21 last October 1, 2018 or F2A. Her priority date was Feb 6, 2017. She was 19 yrs old and 11 months when I filed her petition. A month later when we got her approval we got an email stating that her case was sent to NVC and we can start paying visa fees, affidavit of support and scan documents through CEAC web page. After turning in all documents her case was downgraded to F2B. Is she protected under CSPA? What should we do? 

As of March 2019, F2A for Philippines has a current PD of Jan. 8, 2017. Until her PD is current, CSPA doesn't come into play. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

 

Assuming I calculated it correctly, her CSPA-adjusted age right now is roughly 20 years and 4 months old. As long as the PD becomes current within the next ~8 months before her CSPA-adjusted age is 21 (this is very likely), she should qualify for CSPA to maintain the F2A category.

Once that happens, contact NVC.

[Joseliza 1]

12 hours ago, geowrian said:

As of March 2019, F2A for Philippines has a current PD of Jan. 8, 2017. Until her PD is current, CSPA doesn't come into play. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

 

Assuming I calculated it correctly, her CSPA-adjusted age right now is roughly 20 years and 4 months old. As long as the PD becomes current within the next ~8 months before her CSPA-adjusted age is 21 (this is very likely), she should qualify for CSPA to maintain the F2A category.

Once that happens, contact NVC.

Is it true that because I am just a green card holder my daughter is not eligible for CSPA? Thank you.

[geowrian 22,335]

6 minutes ago, Joseliza said:

Is it true that because I am just a green card holder my daughter is not eligible for CSPA? Thank you.

No. CSPA applies for LPRs the same as it does for USCs for family preference categories.

 

As a note, a USC petitioning an under 21 child falls into the immediate relative category, not family preference category. So CSPA affects them differently (freezing their CSPA-adjusted age upon filing).

Edited February 28, 2019 by geowrian

[SusieQQQ 11,584]

7 minutes ago, Joseliza said:

Is it true that because I am just a green card holder my daughter is not eligible for CSPA? Thank you.

 

1 minute ago, geowrian said:

No. CSPA applies for LPRs the same as it does for USCs for family preference categories.

 

As a note, a USC petitioning an under 21 child falls into the immediate relative category, not family preference category. So CSPA affects them differently (freezing their CSPA-adjusted age upon filing).

To elaborate  - CSPA applies to both but only takes effect when a visa number is available. For the child of a USC, a visa number is immediately available on filing, but for child of LPR only when the priority date is current. So it looks like it works differently but it’s the same process, just a difference in when the visa number is available. 

[Joseliza 1]

On 2/28/2019 at 12:07 PM, SusieQQQ said:

 

To elaborate  - CSPA applies to both but only takes effect when a visa number is available. For the child of a USC, a visa number is immediately available on filing, but for child of LPR only when the priority date is current. So it looks like it works differently but it’s the same process, just a difference in when the visa number is available. 

Thank you so much. I will contact NVC as soon as her priority date becomes current. Is that the same thing as her visa number is available?