bumped to preference 2B from 2A; is there anything that can be done?

[newhandle 0]

Just when I thought that I was getting somewhere, and NVC keeps telling me that my case is about to become current, I spoke with my lawyer today, and she says that because I've already turned 21 (petition was filed when I was 20), I fell outside preference 2A, and into 2B. If that really is the case, I'd have to wait 4 more years before my case becomes current. In other words, I'd have wait a total of at least 10 years since the petition was filed to get my LPR, and quite frankly, it just isn't worth it.

So if I fell outside of cat. 2A, is there anything I can do to get back in it, or file a different case altogether, to get LPR as fast as possible?

Thoughts/opinions?

Thank you!

[HeatDeath 430]

If I understand this correctly, your petitioners are one or both of your parents, who are currently permanent residents. You were in category 2A: children under 21 of permanent residents, and now you are in category 2b: unmarried children [over 21] of permanent residents.

There is no way, without inventing a time machine, to get back into category 2A: you will never be under 21 again.

If your sponsoring parent will become eligible for citizenship sometime in the next few years, you can cut the wait time down by talking them into becoming a naturalized US citizen. That would bump you to preference category 1: Unmarried adult children of US citizens. I don't know what that would do to your wait time but it has to be an improvement.

Perhaps more realistically, take a look at the sticky at the top of this forum:

http://www.visajourney.com/forums/index.php?showtopic=110679

The CSPA may be relevant to your situation.

[newhandle 0]

If I understand this correctly, your petitioners are one or both of your parents, who are currently permanent residents. You were in category 2A: children under 21 of permanent residents, and now you are in category 2b: unmarried children [over 21] of permanent residents.

There is no way, without inventing a time machine, to get back into category 2A: you will never be under 21 again.

If your sponsoring parent will become eligible for citizenship sometime in the next few years, you can cut the wait time down by talking them into becoming a naturalized US citizen. That would bump you to preference category 1: Unmarried adult children of US citizens. I don't know what that would do to your wait time but it has to be an improvement.

Perhaps more realistically, take a look at the sticky at the top of this forum:

http://www.visajourney.com/forums/index.php?showtopic=110679

The CSPA may be relevant to your situation.

NVC did mention CSPA when I told them that I'm about to turn 24, but I don't know how CSPA works, and how they calculate the new age. Do you happen to know how?

[HeatDeath 430]

NVC did mention CSPA when I told them that I'm about to turn 24, but I don't know how CSPA works, and how they calculate the new age. Do you happen to know how?

Honestly, I have no idea. It's never been in the slightest bit relevant to me so I've never looked into it. From 30 seconds of reading it looks like they deduct from your age the time your petition sat in queue at NVC, so as long as your were under 21 when the petition was filed, you should still be good. I think. I don't know. There are several links in the linked-to thread to faqs and guides, including one at USCIS's website that may make things more clear.

At any rate, since you mentioned you have a lawyer doing some or all of this for you, the CSPA should definitely be brought to his attention. Reading the law, figuring out if it applies to you, and learning how to do the relevant calculations and forms is his area of expertise. It's kind of what you're paying him for Honestly, I'd be a little irritated, if I were you, that you didn't hear about it from him, since it seems relevant to your case.

Edited January 16, 2010 by HeatDeath

[newhandle 0]

it looks like they deduct from your age the time your petition sat in queue at NVC, so as long as your were under 21 when the petition was filed, you should still be good.

I think you meant "USCIS" and not NVC, and in that case, I'm most definitely <21

It's a shame my "We're professional, we deal with these cases on daily bases" lawyer didn't bring this up during the 4 years my case has been pending