Please help

[Ibrahims 0]

My mom is a green card holder residing in the US, she filed a petition i130 for a child under 21 unmarried , the petition was approved today but she turned over the age of 21 , now I’m concerned if there will be any issues regarding her visa since she’s over 21 now , but was filed as child under 21 unmarried 

[Lil bear 3,878]

Moved to “ Bringing  family members of LPR to USA” 

[designguy 1,179]

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

[SusieQQQ 11,585]

Depends if the child is protected under CSPA. If you give us birth date, priority date, approval date we can help you calculate it. 

[Ibrahims 0]

4 hours ago, SusieQQQ said:

Depends if the child is protected under CSPA. If you give us birth date, priority date, approval date we can help you calculate it. 

Ok the date of birth is oct 14, 1998. Priority date is august 29, 2019 and the approval date is August 2nd 2020

[aaron2020 11,651]

Since the F2a category is current, the child is protected under CSPA.  Make sure to file the DS-260 within 1 year.  Once the F2a ban is over, the child should be able to interview and get a visa in 2021.

[Ibrahims 0]

22 minutes ago, aaron2020 said:

Since the F2a category is current, the child is protected under CSPA.  Make sure to file the DS-260 within 1 year.  Once the F2a ban is over, the child should be able to interview and get a visa in 2021.

Wait there is a current ban on f2a? 

[Ibrahims 0]

25 minutes ago, aaron2020 said:

Since the F2a category is current, the child is protected under CSPA.  Make sure to file the DS-260 within 1 year.  Once the F2a ban is over, the child should be able to interview and get a visa in 2021.

And who determines the age of the child if they’re over 21 or under 21. The consular officer or the NVC?  Please do let me know 

[SusieQQQ 11,585]

5 minutes ago, Ibrahims said:

And who determines the age of the child if they’re over 21 or under 21. The consular officer or the NVC?  Please do let me know 

It’s determined by the consular officer but is a formula so there is no question, your son is protected as long he submits his DS260 within one year of the approval date. 
 

And yes, F2A is currently banned for visa issuance under the presidential proclamation, until January next year (at least). However your son’s CSPA age will remain locked for as long as it takes - as long as he submits the DS260.

[HRQX 4,145]

14 minutes ago, Ibrahims said:

Wait there is a current ban on f2a? 

Yes, per April 22 proclamation: https://www.federalregister.gov/documents/2020/04/27/2020-09068/suspension-of-entry-of-immigrants-who-present-a-risk-to-the-united-states-labor-market-during-the

The June 22 proclamation extended it till 12/31/20: https://www.federalregister.gov/documents/2020/06/25/2020-13888/suspension-of-entry-of-immigrants-and-nonimmigrants-who-present-a-risk-to-the-united-states-labor

[Ibrahims 0]

3 minutes ago, HRQX said:

Yes, per April 22 proclamation: https://www.federalregister.gov/documents/2020/04/27/2020-09068/suspension-of-entry-of-immigrants-who-present-a-risk-to-the-united-states-labor-market-during-the

The June 22 proclamation extended it till 12/31/20: https://www.federalregister.gov/documents/2020/06/25/2020-13888/suspension-of-entry-of-immigrants-and-nonimmigrants-who-present-a-risk-to-the-united-states-labor

I don’t see the f2a ban here , it’s only the H1 visa and others 

[geowrian 22,336]

4 minutes ago, Ibrahims said:

I don’t see the f2a ban here , it’s only the H1 visa and others 

Section 1. Suspension and Limitation on Entry. The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.

 

This bans all immigrant visas. Section 2 goes on to exempt certain visa classes, like the spouse of a US citizen. F2A is not exempted, therefore it is banned.

Edited August 11, 2020 by geowrian

[HRQX 4,145]

11 minutes ago, Ibrahims said:

I don’t see the f2a ban here , it’s only the H1 visa and others 

June 22 proclamation clearly states:

"Section 1.  Continuation of Proclamation 10014.  (a)  Section 4 of Proclamation 10014 is amended to read as follows:

“Sec. 4.  Termination.  This proclamation shall expire on December 31, 2020, and may be continued as necessary.  Within 30 days of June 24, 2020, and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”

(b)  This section shall be effective immediately."

 

April 22 proclamation, a.k.a. Proclamation 10014, banned all immigrant visas (except certain exceptions). Since F2A wasn't exempt, it was banned.

Edited August 11, 2020 by HRQX

[Ibrahims 0]

1 hour ago, Ibrahims said:

Wait there is a current ban on f2a? 

What do you mean by the f2a category is current ? 

[geowrian 22,336]

2 minutes ago, Ibrahims said:

What do you mean by the f2a category is current ? 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

It means an immigrant visa number is immediately available at the time of filing. Family preference visas are limited per year...when there are more people in queue to get one than available visas, they have to wait in line. Their spot in line is the I-130's Priority Date.

But since there are currently more F2A visas available than applicants, there is no wait in line...only processing times. This could technically change any month..although given the current ban, it seems unlikely for that to actually happen this year.

 

Until fairly recently, F2A had roughly a 2 year or so wait from date of filing for the Priority Date to become current. Only then would they interview for the visa and could it be issued.