Help....bringing unmarried children to US

[immigrante 1]

Hello,

I would like to understand the process of bringing my unmarried children from Pakistan to US ASAP. I recently became a LPR.

Q1. I have a daughter who is turning 21 next month. Should I wait 1 month and apply for her in over 21 category next month?

Q2. My son turns 18 in january. Should I apply for him right away? Current F2A priority dates are 8/16/2006 at california center and 11/1/05 at NVC.

Does that mean my son will join me in about 3-4 years time? Looks like he's going to turn 21 prior to his petition is approved at USCIS. Will I have to upgrade my petition after 3 years?

Q3. The priority dates for Nebraska & Texas service centers mention 5 momths under the same category:

https://egov.uscis.gov/cris/processTimesDisplay.do

Why the difference?

Q4. Can I use the visa stamped on my passport as proof of my LPR status while filing for children or should I really wait till I receive green card?

thanks.

[aaron2020 11,651]

Hello,

I would like to understand the process of bringing my unmarried children from Pakistan to US ASAP. I recently became a LPR.

Q1. I have a daughter who is turning 21 next month. Should I wait 1 month and apply for her in over 21 category next month? It doesn't matter. Your daughter will age out (turn 21 during the wait for a visa) and be moved or classified in the F2b category. It will be 8-9 years for her to get a visa if you don't become a US citizen. If you become a US citizen, the total wait for a visa will be about 5-6 years. BE WARNED - your daughter can not get married while you are an LPR. If she gets married while you are an LPR, the petition for her is automatically withdrawn (dies) because an LPR can not petition for a married child. Even if you subsequently get your US citizenship, you will have to start all over with a new application.

Q2. My son turns 18 in january. Should I apply for him right away? Current F2A priority dates are 8/16/2006 at california center and 11/1/05 at NVC.

Does that mean my son will join me in about 3-4 years time? Looks like he's going to turn 21 prior to his petition is approved at USCIS. Will I have to upgrade my petition after 3 years? Most likely, the Child Status Protection Act will apply to your son. It will take about 4-5 years for him to get a visa. You will need to keep an eye on his petition because USCIS or the NVC may move him to the F2b category after his 21st birthday. However, CSPA may determine his age to be under 21. There is also the possibility that your son's CSPA age may be over 21 in which case he will be in the same position as your daughter.

Q3. The priority dates for Nebraska & Texas service centers mention 5 momths under the same category:

https://egov.uscis.gov/cris/processTimesDisplay.do

Why the difference? Those dates are for processing the I-130 to determine if there is sufficient evidence of a relationship between the petitioner and beneficiary that allows for a family sponsored immigration visa. Different centers have different workloads, so cases filed in the same category at the same time may be approved in different years. That is only the first step.

After approval of the I-130, the case is sent to the National Visa Center (NVC) to await for an available visa. After the priority date (PD) becomes current, the beneficiary then applies for an immigration visa (DS-230). You need to look at the Visa Bulletin to seen when a beneficiary's PD is current and when a visa is available to them. The NVC only allows a beneficiary to apply for an immigration visa only when the PD is close to becoming current. This is the real waiting line.

http://travel.state.gov/visa/frvi/bulletin...letin_1360.html

You

Q4. Can I use the visa stamped on my passport as proof of my LPR status while filing for children or should I really wait till I receive green card? As long as you have your alien registration number, you can file the I-130s. However, you might get hit with an RFE. Better to wait a few weeks to get your green card.

thanks.

Edited November 24, 2009 by aaron2020

[immigrante 1]

Doesn't CSPA apply to beneficiaries of US citizens only, not LPRs?

Thanks for your detailed answers.

[aaron2020 11,651]

Doesn't CSPA apply to beneficiaries of US citizens only, not LPRs?

Thanks for your detailed answers.

CSPA applies to both.

[immigrante 1]

Doesn't CSPA apply to beneficiaries of US citizens only, not LPRs?

Thanks for your detailed answers.

CSPA applies to both.

Is there a website which states that? I haven't been able to find one that clarifies this issue.

Also, if it does apply to LPR, why wouldn't my daughter benefit from it? She's still under 21, too.

[aaron2020 11,651]

Doesn't CSPA apply to beneficiaries of US citizens only, not LPRs?

Thanks for your detailed answers.

CSPA applies to both.

Is there a website which states that? I haven't been able to find one that clarifies this issue.

Also, if it does apply to LPR, why wouldn't my daughter benefit from it? She's still under 21, too.

CSPA works different depending on 1) whether the petitioner is a US citizen or an LPR, and 2) the category that the beneficiary is in.

A US citizen who files a petition for an unmarried child under age 21 freezes the child's age at the time the I-130 is submitted. The child would be an Immediate Relative.

An LPR who files a petition for an unmarried child under age 21 does not freeze at the time the I-130 is submitted. If the petitioner becomes a US citizen and the child is still under age 21, the child moves to the Immediate Relative category and the child's age freezes on the day the parent becomes a US citizen. If the child is over age 21 when the parent becomes a US citizen, the child either moves to the F1 category or can remain in the F2a category if the application of CSPA determines the child's age is under 21 when a visa becomes available. If the petitioner does not become a US citizen and remains an LPR, age is determined at the time a visa becomes available.

CSPA is not a simple formula. It is applied differently in different cases. CSPA may still apply to your daughter. You just don't get the more generous treatment that a US citizen would get in petitioning for a child who is about to turn 21.

[aaron2020 11,651]

http://www.uscis.gov/portal/site/uscis/men...0004718190aRCRD