F2A or F2B

[Savan 47]

My father-in-law is green card holder, he filed for his when he was 20, now he is 22. He's case should of changed to F2B from F2A, but they still got approval as Unmarried child under 21. I'm confused, Shouldn't this case supposed to change automatically to F2B? or they will process him as under 21 because they filed for him when was 20.

[SusieQQQ 11,584]

3 minutes ago, Savan said:

My father-in-law is green card holder, he filed for his when he was 20, now he is 22. He's case should of changed to F2B from F2A, but they still got approval as Unmarried child under 21. I'm confused, Shouldn't this case supposed to change automatically to F2B? or they will process him as under 21 because they filed for him when was 20.

Probably protected under CSPA. 

[Savan 47]

Just now, SusieQQQ said:

Probably protected under CSPA. 

But their green card holders.

[SusieQQQ 11,584]

10 minutes ago, Savan said:

But their green card holders.

So? CSPA still works when the PD becomes current. How long did it take for the petition to get approved?  If it was around a year, there’s your answer.

[Savan 47]

They filed for him in 2017, thats when he was 20. Now he is 22 and they just got his approval, so its been close to 2 years. CSPA is only for citizens not for green card holders and my brother-in-law's parent's are Green card holders.

[SusieQQQ 11,584]

14 minutes ago, Savan said:

They filed for him in 2017, thats when he was 20. Now he is 22 and they just got his approval, so its been close to 2 years. CSPA is only for citizens not for green card holders and my brother-in-law's parent's are Green card holders.

No, CSPA is not only for citizens. It includes green card holder petitions, diversity visa petitions,  employment based petitions, and more. The dates you provide make perfect sense, the close to 2 years is subtracted from his age so his CSPA age is around 20.

 

[Savan 47]

14 minutes ago, SusieQQQ said:

No, CSPA is not only for citizens. It includes green card holder petitions, diversity visa petitions,  employment based petitions, and more. The dates you provide make perfect sense, the close to 2 years is subtracted from his age so his CSPA age is around 20.

 

Are you sure? because Im reading online and its saying, it does not protect green card holders.

[samuelam 19]

My brother-in-law is in the same situation, it is correct as F2A. you could use this CSPA calculator.

 

 https://www.***removed***/immigrant-visa/cspa-calculator/

[Savan 47]

8 minutes ago, samuelam said:

My brother-in-law is in the same situation, it is correct as F2A. you could use this CSPA calculator.

 

 https://www.***removed***/immigrant-visa/cspa-calculator/

So the parents are Green Card holders? and CSPA protected him?

[samuelam 19]

Correct Parents is GC holders. we submitted the I130 on May 2017, the son was 20 years old, he is almost 22 now. Just got approved last Monday.

 

Edited March 5, 2019 by samuelam
adding more information

[Savan 47]

1 minute ago, samuelam said:

Correct Parents is GC holders. we submitted the I130 on May 2017 the next day they arrived in US. Just got approved last Monday.

Ya but when he goes to interview they will know he is over 21, and he doesnt belong to F2A, This is what one of my group member wrote.

 

Yes. But here there is no CSPA since his parents are Green Card holders. I know a case where the daughter became 21 years and they did not change the category despite all of us telling her parents to do so. They assumed that Consular officers will turn a blind eye. She got interview and Consular officer denied the visa and reprimanded her because her parents were not honest enough and change the category. She had to start all over again. The attorney could not help much to retain the old date because the Consular officer had noted some very hard negative comments. She is now waiting for her of to become current in F2B category. All this because her parents thought she could slip through in F2A category. There are too many checkmates. So better be honest and change the category now itself. Thus will help in retaining the old date

[samuelam 19]

You are half right and wrong. If you put all the number in, it will tell you the time that the child have before the process is completed.

Example. If you subtract the priority date to the I130 approve date that is timeframe left before the child need to be in the USA for a F2A visa.

 

My brother-in-law priority date 5/10/2019 - I130 approval date 2/25/2019. that is 1 years and 9 months.

Currently F2A for this month is 1/2017 so I estimate his visa will be available this August.

He have to complete the consulate interview and arrive in US before April 15th, 2020.

 

 

[Savan 47]

14 minutes ago, samuelam said:

You are half right and wrong. If you put all the number in, it will tell you the time that the child have before the process is completed.

Example. If you subtract the priority date to the I130 approve date that is timeframe left before the child need to be in the USA for a F2A visa.

 

My brother-in-law priority date 5/10/2019 - I130 approval date 2/25/2019. that is 1 years and 9 months.

Currently F2A for this month is 1/2017 so I estimate his visa will be available this August.

He have to complete the consulate interview and arrive in US before April 15th, 2020.

 

 

Not sure how is this 1 year and 9 months.

"My brother-in-law priority date 5/10/2019 - I130 approval date 2/25/2019. that is 1 years and 9 months."

 

I am bit confuse what your trying to say, is your brother already over 21, and then he got approved?

Also the calculator is for CSPA, I just read in some threads in Visa journey that their category was changed from F2a to F2b once they turned 21 and it did not protect them because their parents were LPR.

 

Edited March 5, 2019 by Savan

[samuelam 19]

Don't worry, I was confuse too. 

 

Correct he is over 21 and he got approved last Monday Feb 25th.

 

If you want send me the birthday, Priority date and approve date. Country where the visa going to issue. I could send you a excel file to explain that whole CSPA process. 

[SusieQQQ 11,584]

53 minutes ago, Savan said:

Are you sure? because Im reading online and its saying, it does not protect green card holders.

You may be getting confused with the way it works with children of citizens, where it protects the beneficiary as at the date of filing.  For GC it is only from the priority date. Suggest you include official USCIS pages in what you’re reading, which clearly states a long list of types of petitions it works for, some of which by definition (like DV, employment,  asylees/refugees) don’t have anything to do with citizens at all.