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easyjourney

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  1. Like
    easyjourney got a reaction from Kathryn41 in PLEASE HELP   
    I would suggest you make an INFOPASS appointment and ask directly to them about what you should do. Since you entered legally and everything is lawful, you should be able to do it by yourself with the immigration official's help. It may take a few trips to the field office (where you make your ifopass app), but at the end you know you are doing things RIGHT... at no charge!
  2. Like
    easyjourney reacted to ADMIRE in Upgrading a F2A case!   
    Once you become a US citizen, your daughter can not be given a visa derivative off her mum's case, unless if their applications (i.e form I-130) had been separate from the very beginning.
    That is to say, if what you filed was just one form I-130 originally for the mum, then your daughter can not be given visa under that same i-130 as she wld need to have her own separate i-130 application.
    The Consular officer that interviewed me advised me of the above happening shldmy hubby go ahead with the naturalization, so what we did was hold-on on my hubby's naturalization until after we received our visas.
    So what you can do is file another form I-130 for your daughter whilst waiting out this AP. Dont worry about PD as you wld be able to upgrade it when you become a US citizen.
    hOPE I MADE SOME SENSE?
  3. Like
    easyjourney reacted to YuAndDan in LPR who petitioned child under 21   
    Based on formulas for the CSPA
    Her age is frozen as of the date her visa number becomes current, less the USCIS processing time. The USCIS will process her petition NOW. The processing time is then subtracted from the priority date to determine when her age will be frozen
    By the time this happens, she will be over 21, putting her in category F2B. The current priority date for this category is April 15, 2003 - she can expect approximately an 8 year wait.
    UNLESS your mother becomes a citizen in the meantime. If she does, the petition can be upgraded to category F1 (shaving only one year off the time by the present visa bulletin)
    If she gets MARRIED at any point during the wait, the petition will be voided, UNLESS it has been upgraded to the F1 daughter of a citizen category (in which case it would be DOWNGRADED to the F3 married daughter of citizen category)
    Congress has allocated quotas for some categories of visa applicants. Most of the cases we see on this website stem from a petition filed by a US Citizen for his/her spouse and or children. There is no quota for these categories. They are referred to as having an "immediately available visa number".
    Other cases for which quotas apply (e.g., unmarried child of a Legal Permanent Resident (LPR) over the age of 21) must wait for an "available visa number". This wait can be as long as five or ten years. The Visa Bulletin shows the priority dates for the petitions which are presently being processed.
  4. Like
    easyjourney reacted to JimVaPhuong in LPR FOR SON UNDER @! ALREADY IN US   
    In order to file an I-485 there MUST be a visa number immediately available. In the OP's case, there isn't, and there won't be for another four years for an F2A, give or take adjustments to the cutoff date. By that time he'll be too old for an F2A, and will have to wait an additional four years for a visa number as an F2B.
    Please, not everyone's situation is the same as yours. You should understand the differences before you give advice. Sometimes taking the wrong course of action can have tragic consequences. The worst that could happen to the OP is NOT simply that the I-485 could be returned. He clearly isn't eligible to adjust status, so the worst that could happen is that the I-485 would be denied, and USCIS could begin removal proceedings against him.
  5. Like
    easyjourney reacted to Sanjiv Patel in Child Aging Out? CSPA may help   
    Even though CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.
    Here is a link to an article that talks about this:
    http://www.ilw.com/articles/2006,1005-patel.shtm
    An excerpt from this article:
    ". . . where an alien child is a derivative beneficiary under a principal beneficiary of any preference petition, and is determined to be 21 years of age or older and has therefore become ineligible for the benefit of § 203(h)(1), he or she may nonetheless be eligible for retaining the earlier priority date of the original petition that enabled the original principal beneficiary become a lawful permanent resident.
    The principal beneficiary may then file a relative petition for the derivative beneficiary who would then fall under the second preference category as an unmarried son or daughter of the principal beneficiary. . ."
    Another good source of information on CSPA:
    http://www.tancincolaw.com/tancinco_subidx...co2004626105042
  6. Like
    easyjourney reacted to JimVaPhuong in How to apply for CSPA?   
    CSPA isn't something you apply for. It kicks in automatically when a derivative beneficiary might age out while waiting for USCIS processing. The way it works is that they calculate the derivative beneficiary's effective age on the date a visa number becomes available. If that effective age is under 21 then the alien retains derivative status, and is eligible for the immigration benefit.
    To determine the effective age on the day the visa number becomes available they will start with their actual age on that date, and then deduct any time spent waiting for USCIS to approve the petition. What they will NOT deduct is any time spent waiting for the priority date to become current. Since there is currently about an 11 year wait for the F4 visa category, your brother is definitely going to age out. There is nothing you can do to prevent it.
  7. Like
    easyjourney got a reaction from Canadian in GA in PLEASE HELP   
    I would suggest you make an INFOPASS appointment and ask directly to them about what you should do. Since you entered legally and everything is lawful, you should be able to do it by yourself with the immigration official's help. It may take a few trips to the field office (where you make your ifopass app), but at the end you know you are doing things RIGHT... at no charge!
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