Russian F2A Questions, What Happens When Petitioner Becomes Naturalized Citizen?

[Redro 4,601]

16 minutes ago, JayFromTexas said:

I see that I may be referring to the NOA2 stage incorrectly for an I130 application. 

So again, I was told that as long as the I130 has been approved by USCIS by the time they are 21, they don't age out.

 

Read CSPA for Immediate Relatives and CSPA for Family and Employment Preference for more guidance: 

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

 

[JayFromTexas 58]

1 minute ago, appleblossom said:

 

That just means that one of those forms need to have been filed to qualify for CPSA in the first place, but then the actual conditions for CPSA are laid out further down the page for each specific category, as it varies for each. Read the section on family preference categories for more info. 

Thank you very much for answering my question. I appreciate it.

[EM_Vandaveer 2,370]

It's water under the bridge now but this is one of those rare instances K1 would have been preferable since K2 can be issued up to age 21...

[Demise 1,096]

18 hours ago, JayFromTexas said:

My Russian wife is about 2 months away from getting her green card. We are waiting on her interview letter from the Bangkok consulate (we transferred there from Warsaw). She has a son who is 19 yrs old with a birthday of October 22. The minute my wife gets her green card, we are going to submit an i130 for her son. And btw, we were not married when he was under 18. 

 

I understand that he would be an F2A case and would age out and become an F2B case, if he doesn't receive his NOA2 before his 21st birthday.

 

What happens if he ages out and his mother becomes a naturalized citizen, 3 years after she becomes a LPR? Does that help or change his case for the better?

He'd be 22 then and naturalization would move him over to F1. Age at parent's naturalization overwrites normal Child Status Protection Act (CSPA) age. If CSPA age would let him immigrate as an F2A it's instrumental to not naturalize until the son is in US.

 

CSPA Age is calculated as follows:

• Actual age on the date the priority date became current or date the I-130 was approved if the category is current
• minus time the I-130 was pending.

So:

Her son's birthday is October 22nd

Lets say your wife enters as a permanent resident and files an I-130 on June 22nd.

The I-130 current processing for F2A child varies on service center, but it's over 3 years across the board (my guess is that USCIS sits on applications like this to allow more to fall under CSPA). Lets just say USCIS sits on it for exactly 3 years.

That means that the son would be covered under CSPA until he's 24 years old on October 22, 2029.

Priority dates only move on the 1st of the month, so his priority date would have to become current (according to the final action dates chart) by October 1st, 2029.

Then he has 1 year to file DS-260 to lock in his age, assuming he didn't file early under the dates for filing chart in case of which he's good to go once the priority date becomes current. He should do this ASAP since a retrogression would prevent him from filing, but it wouldn't knock him off once he's already locked in.

He has to remain unmarried until he's in US.

Your wife should not naturalize until he's in US.

[Boiler 43,494]

I think I get a VJ Email on the 22nd October congratulating me on another year, with the implication how has he survived so long.

 

Anyhoo, he is 19 1/2 and his mother does not have her GC, so if all goes well he will be nearly 23 when she naturaises. Not even close to 21.

 

The will he leose CSPA if his mother naturalise makes no sense to me when he can elect to keep F2a PD, something I have not really looked at. Totally illogical so could be an issue.

 

Marries and we are in a different ball game.

 

Wait for F2a is c3 1/2 years, some think it will reduce, I do not, time will tell. I think that such cases are not prioritised over non PD cases, is it done to help? I doubt. What will happen toI 130 processing times, no idea.

 

 

[JayFromTexas 58]

51 minutes ago, Demise said:

He'd be 22 then and naturalization would move him over to F1. Age at parent's naturalization overwrites normal Child Status Protection Act (CSPA) age. If CSPA age would let him immigrate as an F2A it's instrumental to not naturalize until the son is in US.

 

CSPA Age is calculated as follows:

• Actual age on the date the priority date became current or date the I-130 was approved if the category is current
• minus time the I-130 was pending.

So:

Her son's birthday is October 22nd

Lets say your wife enters as a permanent resident and files an I-130 on June 22nd.

The I-130 current processing for F2A child varies on service center, but it's over 3 years across the board (my guess is that USCIS sits on applications like this to allow more to fall under CSPA). Lets just say USCIS sits on it for exactly 3 years.

That means that the son would be covered under CSPA until he's 24 years old on October 22, 2029.

Priority dates only move on the 1st of the month, so his priority date would have to become current (according to the final action dates chart) by October 1st, 2029.

Then he has 1 year to file DS-260 to lock in his age, assuming he didn't file early under the dates for filing chart in case of which he's good to go once the priority date becomes current. He should do this ASAP since a retrogression would prevent him from filing, but it wouldn't knock him off once he's already locked in.

He has to remain unmarried until he's in US.

Your wife should not naturalize until he's in US.

VERY helpful. Thank you.

[Demise 1,096]

9 minutes ago, JayFromTexas said:

VERY helpful. Thank you.

Small correction, I counted wrong, he's turning 20 this year, so born 2004, so he'll be 21 on October 22, 2025, and in the example provided it should be 2028 rather than 2029, but all the other math holds.

[JayFromTexas 58]

53 minutes ago, Demise said:

He'd be 22 then and naturalization would move him over to F1. Age at parent's naturalization overwrites normal Child Status Protection Act (CSPA) age. If CSPA age would let him immigrate as an F2A it's instrumental to not naturalize until the son is in US.

 

CSPA Age is calculated as follows:

• Actual age on the date the priority date became current or date the I-130 was approved if the category is current
• minus time the I-130 was pending.

So:

Her son's birthday is October 22nd

Lets say your wife enters as a permanent resident and files an I-130 on June 22nd.

The I-130 current processing for F2A child varies on service center, but it's over 3 years across the board (my guess is that USCIS sits on applications like this to allow more to fall under CSPA). Lets just say USCIS sits on it for exactly 3 years.

That means that the son would be covered under CSPA until he's 24 years old on October 22, 2029.

Priority dates only move on the 1st of the month, so his priority date would have to become current (according to the final action dates chart) by October 1st, 2029.

Then he has 1 year to file DS-260 to lock in his age, assuming he didn't file early under the dates for filing chart in case of which he's good to go once the priority date becomes current. He should do this ASAP since a retrogression would prevent him from filing, but it wouldn't knock him off once he's already locked in.

He has to remain unmarried until he's in US.

Your wife should not naturalize until he's in US.

Based on the fact that F2a processing times are currently ~ 36 months and the date the PD becomes current is now 41 months, it is likely that he will be covered under CSPA, correct? Assuming the timelines remain the same, which they won't of course, but it helps understand the math by using current timelines.

[Demise 1,096]

1 minute ago, JayFromTexas said:

Based on the fact that F2a processing times are currently ~ 36 months and the date the PD becomes current is now 41 months, it is likely that he will be covered under CSPA, correct? Assuming the timelines remain the same, which they won't of course, but it helps understand the math by using current timelines.

Yeah. Lets say that PD takes 41 months and USCIS sits on it for 36 months, that's 5 months that'd count towards his CSPA age which would come out to under 21 so yeah he'd be covered.

 

Like lets say your wife gets her visa, arrives, and files in June. She can file with the stamped immigrant visa, she doesn't have to wait on the physical green card.

 

June 2024 + 41 months = November 2027

Approx age in November 2027 = 23 years 1 month old

Minus time I-130 pending (lets presume 3 years) = 20 years 1 month old

 

So CSPA would apply and he would be able to immigrate as an F2A.

 

Lets just hope that F2A backlogs don't get any worse and that USCIS will keep sitting on applications like this for a long time.

[appleblossom 1,327]

9 hours ago, JayFromTexas said:

Based on the fact that F2a processing times are currently ~ 36 months and the date the PD becomes current is now 41 months, it is likely that he will be covered under CSPA, correct? Assuming the timelines remain the same, which they won't of course, but it helps understand the math by using current timelines.

The trouble is you can’t calculate it until you know how long the I-130 takes to be approved. It can be much quicker than the quoted processing times - example below where another forum member had one in the same category approved in 5 months at the end of last year. Or of course it could take even longer. 

 

 

[appleblossom 1,327]

All you can do is wait and see and do the opposite of what most people on VJ do - hope you don’t get a speedy approval! 
 

Good luck. 

[Neonred 3,446]

On 4/11/2024 at 4:34 PM, appleblossom said:

 

deleted

 

Edited April 14 by Neonred