F1 or F2

[notnew 13]

Hi

Need opinions and advise.

I am a LPR (conditional, under removing conditions process), will be eligible to apply for citizenship April 2011 ( July 2011, 3rd anniversary of LPR).

I would like to sponsor by biological unmarried daughter, she will celebrate her 21st birthday during May 2011. Here are my options as I understand :-

1 Petition now if I can, being a conditional LPR, she will be categorized under F2A. The cut off as per July bulletin 01 July 2008.

2 Wait till I attain USC status, earliest around Oct 2011 ( 6months processing), she will be categorized under F1. The cut off as per July bulletin 01 April 2005.

I expected F1 should be faster, what am I missing ?

Appreciate all help and guidance.

[mikey78 6]

Start the proces asap and petition now; she will be assigned a priority date in F2A category (since she is still under 21) and once you become a citizen she will be moved to F1 (you need to inform NVC about it) with the same priority date. The benefit is that the priority date is going to be earlier than if you just waited till you are a citizen...I understand that she will be over 21 at the time of your becoming a citizen so she will not qualify for IR visa...the wait time in F1 is about 5 years now...

However, check out Child Status Protection Act (CSPA)which says that if the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized. Again she might not qualify if she turn 21 before you become a citizen...and best to talk to lawyer about it.

[notnew 13]

Start the proces asap and petition now; she will be assigned a priority date in F2A category (since she is still under 21) and once you become a citizen she will be moved to F1 (you need to inform NVC about it) with the same priority date. The benefit is that the priority date is going to be earlier than if you just waited till you are a citizen...I understand that she will be over 21 at the time of your becoming a citizen so she will not qualify for IR visa...the wait time in F1 is about 5 years now...

However, check out Child Status Protection Act (CSPA)which says that if the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized. Again she might not qualify if she turn 21 before you become a citizen...and best to talk to lawyer about it.

Thanks mikey78, any idea if I can start the process as a conditional LPR ?