LPR who petitioned child under 21

[easyjourney 2]

Hi, as most people I'm just looking for answers.... maybe you have them!!

Our goal is for my sister to come to study up here. We tried a student visa twice and... it was denied! Then, I petitioned my mom, and her process was really fast, so now my mom is a LPR and she is petitioning my sister who is 20 turning 21 in may. The I-130 was sent in feb and the I-797C priority date is 2/28/11. the case was sent to the California Service Center and we should have an answer by August. My question is: after we receive the answer how long will it be for my sister to be able to come to the States? Where can I check times by country (Colombia)? or is she going to have a visa available immediately?

Thank you

[YuAndDan 153]

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.

[easyjourney 2]

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.

Thank you YOUandDAN!

I guess I'll have to be patient! I'll post any upgrades, when the time comes.