Need help! F2a and f2b permanent resident mother

[twinboys 0]

Hi i am a permanent resident and trying to bring my 2 sons. One is 16 and one is 20 yrs old. I filed the petition last aug 2018.  The priority date is 2018. We received a  RFE letter and needed the updated birth certificate of my two boys( minor when i filed it last year)

 

my other son just turned 21 yrs old last oct 28, 2019. What will happen to his category? Will he stay in f2 or will be moved to fb2 since the uscis requires current birth certificate before his 21st bday? 

Received rfe for I-130 approval on october 15, 2019. His birthday is oct 28, 2019 and turned 21 yrs old. 

 

 

Pls advise

Edited November 13, 2019 by twinboys

[YelsonAmanda 0]

In don't think that the USCIS not having the BC would have made a difference. You still filed the petition before he turned 21. Once your petition is at the NVC stage, they might try to switch him to f2b, HOWEVER, they can't.

I helped my cousin's son fight off the NVC by electronically submitting proof the CSPA

https://www.uscis.gov/greencard/child-status-protection-act

You can print that page and make sure they never change his status to "over 21"

[SusieQQQ 11,586]

52 minutes ago, YelsonAmanda said:

In don't think that the USCIS not having the BC would have made a difference. You still filed the petition before he turned 21. Once your petition is at the NVC stage, they might try to switch him to f2b, HOWEVER, they can't.

I helped my cousin's son fight off the NVC by electronically submitting proof the CSPA

https://www.uscis.gov/greencard/child-status-protection-act

You can print that page and make sure they never change his status to "over 21"

You can’t just say they can “never” change his status to over 21, as son/daughter of LPR CSPA protection may or may not apply depending on both pending time of i130 and priority date.  The calculation is clearly defined in law. 

[YelsonAmanda 0]

2 minutes ago, SusieQQQ said:

You can’t just say they can “never” change his status to over 21, as son/daughter of LPR CSPA protection may or may not apply depending on both pending time of i130 and priority date.  The calculation is clearly defined in law. 

I totally forgot about the calculation  😖

You are right, thank you!

Edited November 17, 2019 by YelsonAmanda