Filing F2A/F2B - A Few Question :)

[vajaster 7]

Hi!

 

I'm helping a lady file I-130 for her 2 kids. One child is 20 and the other is 22. She is from Afghanistan and is an LPR.

The 20 year old turns 21 in December of 2023. 

 

1. Does the 20 year old actually have a chance of coming to the U.S. with F2A? There's literally an 11 month window.

 

2. USCIS will expedite for Afghans - however does NVC expedite cases? Would they expedite on the grounds of the child's age turning into an adult?

 

3. Was I correct to tell her the 22 year old will take about 8-10 years to get approved?

 

4. Is the beneficiary's birth certificate and passport sufficient evidence or should they get DNA testing done?

 

Thank You

Edited January 7, 2023 by vajaster

[Chancy 6,241]

5 minutes ago, vajaster said:

1. Does the 20 year old actually have a chance of coming to the U.S. with F2A? There's literally an 11 month window.

 

2. USCIS will expedite for Afghans - however does NVC expedite cases? Would they expedite on the grounds of the child's age turning into an adult?

 

3. Was I correct to tell her the 22 year old will take about 8-10 years to get approved?

 

4. Is the beneficiary's birth certificate and passport sufficient evidence or should they get DNA testing done?

 

1.  Maybe.  Note that F2A visa holders are not required to be below 21 years old at the time of US entry.  If the I-130 is approved and the DS-260 submitted before the child turns 21, they will likely be covered by CSPA and remain qualified for F2A, even if they turn 21 before the visa interview -- https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

 

2.  It won't hurt the case to request for expedite at every stage -- USCIS, NVC, consulate.

 

3.  It will take about 8 to 10 years, maybe more, to get an interview for F2B.  The 22-year-old should remain unmarried.

 

4.  Do not get DNA testing done before being instructed to do so by USCIS or the consulate.  US immigration will only accept DNA tests from accredited labs, and those labs typically require a case number.

 

[vajaster 7]

16 hours ago, Chancy said:

 

1.  Maybe.  Note that F2A visa holders are not required to be below 21 years old at the time of US entry.  If the I-130 is approved and the DS-260 submitted before the child turns 21, they will likely be covered by CSPA and remain qualified for F2A, even if they turn 21 before the visa interview -- https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

 

2.  It won't hurt the case to request for expedite at every stage -- USCIS, NVC, consulate.

 

3.  It will take about 8 to 10 years, maybe more, to get an interview for F2B.  The 22-year-old should remain unmarried.

 

4.  Do not get DNA testing done before being instructed to do so by USCIS or the consulate.  US immigration will only accept DNA tests from accredited labs, and those labs typically require a case number.

 

 

What kind of evidence would be sufficient to prove mother-child relationship?

Would the beneficiary’s birth certificate be sufficient? 

[Family 4,025]

Have they tried for Humanitarian Parole?
https://www.uscis.gov/humanitarian/humanitarian-parole/information-for-afghan-nationals-on-requests-to-uscis-for-parole

[vajaster 7]

1 minute ago, Family said:

Have they tried for Humanitarian Parole?
https://www.uscis.gov/humanitarian/humanitarian-parole/information-for-afghan-nationals-on-requests-to-uscis-for-parole

Yes. It was denied.

strong sponsor, strong case, fee’s paid (no fee waiver).

 

denied.

[Chancy 6,241]

*** Removed related thread.  Please post your related questions in this thread to keep the discussion in one place. ***

 

3 hours ago, vajaster said:

Hi,

 

I’ve had lots of various answers for this question so please answer if you really know the answer.

 

LPR mom has filed for son (20 years old)

Does CSPA age LOCK in once the NVC says it’s DQ and DS-260/AOS package is submitted?

 

In other words if the NVC says everything is good to go and now we just wait for the embassy to schedule the interview … does that gap matter? 
 

Let’s say kid is 20 years old. NVC says everything is good to go now wait for interview. Let’s say interview comes around 3 years later and kid is now 23 years old.

IS HE CONSIDERED 20 or 23 years old?

 

We don’t want the case to jump to F2B just for waiting on the embassy.

 

I already addressed this above and posted the official USCIS page that explains CSPA for family-preference cases.