My uncle is sponsoring my dad for U.S. immigration; do I need my own I-130 form?

[deity307 0]

I currently live in Canada with my parents and my uncle has sponsored my dad for permanent U.S. immigration. My uncle is doing F4 Visa, for brother/sister. My dad got the VISA approval this past September, but no VISA's available yet because of too many applicants.

I'm curious to know, if my dad gets sponsored, will I be able to go with him? I am now 21 years old (born in August 1988) and I read if you're 21 or over, I would have to file an I-130 form instead of going with him at the same time. However, I also heard the U.S. passed something called the Child Status Protection Act, which may mean that I'm still considered a child when my dad gets a VISA number. My uncle filed the petition on April 2003, and it got approved on August 2009. My dad didn't get a VISA number yet.

I suppose if the consulate looks at the petition date, I was still under 21 at the time. I'm not sure.

So would any of you guys know if I would be considered a minor when my dad gets his VISA number (which could be 3-5 years from now)?

Again, here are the dates:

Petition date: April 2003

Petition approval: August 2009

Date that my dad received VISA Number: (Unknown)

My date of birth: August 1988

Hopefully I will be able to go with my dad, and not have to file an I-130 and wait another 10 years to get into the U.S.

P.S. Do I have to do anything right now to make sure I am eligible for the CPSA, or is it automatic?

[aleful 1,905]

you don't need an i130 now. your uncle should try to call the NVC once they recieve the approved i130 and find out, you might be covered or not, it depends on them.

If not, then once your parent's get the GC they can apply for you as child of a LPR, you can't file for yourself, in that case one of your parent's would have to do it.

[deity307 0]

you don't need an i130 now. your uncle should try to call the NVC once they recieve the approved i130 and find out, you might be covered or not, it depends on them.

If not, then once your parent's get the GC they can apply for you as child of a LPR, you can't file for yourself, in that case one of your parent's would have to do it.

So should I tell my uncle now to call the NVC because my dad's petition for the I-130 has already been approved? Or do you mean when my dad gets his VISA number drawn?

Also, what does GC and LPR stand for? Please me let me know, thanks.

[sachinky 465]

GC--Green Card.

LPR--Lawful/Legal Permanent Resident. Aka, greencard holder.

[deity307 0]

GC--Green Card.

LPR--Lawful/Legal Permanent Resident. Aka, greencard holder.

Ah, so that's what GC and LPR stands for.

I actually calculated my CPSA age. It looks like I'll be eligible for CPSA, as long as my dad's VISA number becomes current within 5 years. I'll still be under 21 according CPSA age. If not, then we can probably talk to the immigration officer how I aged out before the VISA number was current. I am happy to hear about this!

If not, then once your parent's get the GC they can apply for you as child of a LPR, you can't file for yourself, in that case one of your parent's would have to do it.

Now that Sachinky cleared this up, I am curious to know about this. Once you get a VISA number and move to the U.S., don't you have to wait 5-6 years until you get a GC? By that time, I won't be considered a child anymore, I think?

[Boiler 45,966]

Ah, so that's what GC and LPR stands for.

I actually calculated my CPSA age. It looks like I'll be eligible for CPSA, as long as my dad's VISA number becomes current within 5 years. I'll still be under 21 according CPSA age. If not, then we can probably talk to the immigration officer how I aged out before the VISA number was current. I am happy to hear about this!

Now that Sachinky cleared this up, I am curious to know about this. Once you get a VISA number and move to the U.S., don't you have to wait 5-6 years until you get a GC? By that time, I won't be considered a child anymore, I think?

GC when you enter

Citizenship 5 years

[aleful 1,905]

nope,

he'll get a case number and then more years of waiting until his priority date is current. when that happens, the nvc will contact your uncle to begin the adjustment of status, filing paperwork and payments. when the file is completed, they send it to the Amercian Embassy/Consulate in your country to have the interview.

that's the problem, that you might be aged out, it will depend on the officer at the interview.

there is no moving to the US, unless they approve your dad at the interview.

[Boiler 45,966]

nope,

he'll get a case number and then more years of waiting until his priority date is current. when that happens, the nvc will contact your uncle to begin the adjustment of status, filing paperwork and payments. when the file is completed, they send it to the Amercian Embassy/Consulate in your country to have the interview.

that's the problem, that you might be aged out, it will depend on the officer at the interview.

there is no moving to the US, unless they approve your dad at the interview.

There is no adjustment of status

It does not depend on the officer, he will qualify or not.

[aleful 1,905]

boiler,

everyone goes through the AOS, whether it's in the US or Consular process.

[Boiler 45,966]

boiler,

everyone goes through the AOS, whether it's in the US or Consular process.

No

The name gives it away.

[deity307 0]

I have no idea what you guys are talking about!

[aleful 1,905]

the second part of the process. when the priority date becomes current, the NVC will contact your uncle to start the paperwork.

what I had metioned before.

[Kishore Sojitra 0]

No body can stop deity307 to immigrate till he aged 27.3 years ( 21 years + 6.3 years for pending of file). If consulate officer do not agree, contant a good immigration lawyer.