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nickymicky   58

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Filed: IR-1/CR-1 Visa Country: Nepal
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Filed I130 for parents 01/19/2023.

 

got a sibling who is 19 right now. will be 21 years old on dec 2024.

 

will my parents able to get green card soon and file petition for their son before he turns 21 or else he will  age out.

 

is it possible or ?

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Chancy Grand Master

Chancy   6,233

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Filed: IR-1/CR-1 Visa Country: Philippines
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1 hour ago, nickymicky said:

will my parents able to get green card soon and file petition for their son before he turns 21 or else he will  age out.

 

Maybe, but unlikely.  None of us can predict for certain.

 

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Boiler Grand Master

Boiler   43,871

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Filed: K-1 Visa Country: Wales
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Agree seems a long shot but the sooner you file the better.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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nickymicky Collaborator

nickymicky   58

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Filed: IR-1/CR-1 Visa Country: Nepal
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1 minute ago, Boiler said:

Agree seems a long shot but the sooner you file the better.

I filed for my parents I 130 today. they have to get their immigrant visa and enter US in order to file for their son.

 

so in order to secure age out once they file I130 before he turns 21 will USCIS  consider him as minor and approve it sooner.

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Boiler Grand Master

Boiler   43,871

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Filed: K-1 Visa Country: Wales
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Age at Time of Visa Availability-Pending Time = CSPA Age

 

Simply impossible to do the calculation now

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   43,871

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Filed: K-1 Visa Country: Wales
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4 minutes ago, nickymicky said:

suppose if parents enter US on April 2024 and file immediately for their son will that protect him from Aging out as he will be 21 on December 2024.

That would be quick, but alos how it works for Immediate Relatives and he is not an Immediate Relative.

 

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

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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nickymicky Collaborator

nickymicky   58

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Filed: IR-1/CR-1 Visa Country: Nepal
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21 hours ago, Boiler said:

That would be quick, but alos how it works for Immediate Relatives and he is not an Immediate Relative.

 

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

so the parent who is LPR filling for minor child will not consider as immediate relative.

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Boiler Grand Master

Boiler   43,871

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Filed: K-1 Visa Country: Wales
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Correct

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Chancy Grand Master

Chancy   6,233

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Filed: IR-1/CR-1 Visa Country: Philippines
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5 minutes ago, nickymicky said:

so the parent who is LPR filling for minor child will not consider as immediate relative.

 

Minor child of LPR parent is under "Family Preference" visa category, not "Immediate Relative" category.  Different CSPA rules.

 

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nickymicky Collaborator

nickymicky   58

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Filed: IR-1/CR-1 Visa Country: Nepal
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9 minutes ago, Chancy said:

 

Minor child of LPR parent is under "Family Preference" visa category, not "Immediate Relative" category.  Different CSPA rules.

 

what is the CSPA rules for LPR children who is turning 21 years old on dec 2024. suppose if parents will file for the child in April 2024. how long it will take for the child to get the visa.

thank you

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Chancy Grand Master

Chancy   6,233

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Filed: IR-1/CR-1 Visa Country: Philippines
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Posted
2 minutes ago, nickymicky said:

what is the CSPA rules for LPR children who is turning 21 years old on dec 2024. suppose if parents will file for the child in April 2024. how long it will take for the child to get the visa.

 

The posts above already addressed your questions.  Did you read the link provided by Boiler?

 

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