F2a questions

[miesha 0]

Reading through a lot of threads I am pretty worried.. Plz someone help...

1) due to the retrogression my cspa age is almost 21... I'm worried..will I become f2b...???

2) my mother LPR is staying with us in Pakistan .. She went to USA in July 10 and came back in oct 10... She will go back to USA in sept 11 for a month ...the question is that is she qualifying for the residency/domicile ...???

She has a bank account in USA ..she has also transferred funds from Pakistan to that Account...she has a valid state ID, SSN...

She lives with my brother ..she is old..has no job..no tax etc...

3) i dont have pics with my mother..

what to do at the interview..i just want to be prepared

Kindly help me out...

Edited June 18, 2011 by miesha

[RICARDO4EVA2 194]

Good morning. Hope u have answers soon.

[miesha 0]

Good morning. Hope u have answers soon.

gud morning to u 2...

[Penguin_ie 5,993]

2: One month is not enough, she is supposed to reside in the USA and spend less time outside than inside. She may get away with this once, but how long will she stay in Pakistan next time, ie from October 2011 to when? She will not be allowed to keep her greencard if her plan is to stay one month a year ion the USA. The more attention she draws to herself (for example by petitioning a family member), the more likely they will pull her greencard for not residing in the USA.

3. You are 20+ years old and don;t have a single photo with your mother, not even when you were little? That is very unusual, especially as she seems to be spending so much time in Pakistan. There will probably be questions ab out that, but photos are not strictly speaking required, so if all the paperwork is fine, you will probably be ok. There is a small chance they will ask for a DNA test.

[miesha 0]

2: One month is not enough, she is supposed to reside in the USA and spend less time outside than inside. She may get away with this once, but how long will she stay in Pakistan next time, ie from October 2011 to when? She will not be allowed to keep her greencard if her plan is to stay one month a year ion the USA. The more attention she draws to herself (for example by petitioning a family member), the more likely they will pull her greencard for not residing in the USA.

3. You are 20+ years old and don;t have a single photo with your mother, not even when you were little? That is very unusual, especially as she seems to be spending so much time in Pakistan. There will probably be questions ab out that, but photos are not strictly speaking required, so if all the paperwork is fine, you will probably be ok. There is a small chance they will ask for a DNA test.

she stayed in USA in 2009 for 8-9 months...she is worried abt me..she cannot leave me here alone..

i dont have recent pics...i have a few child hood pics...will they work??

i had a dna done at USCIS stage

[Penguin_ie 5,993]

Since you had a DNA test already done, there should be no problems about photos.

I do think what your mother is doing is very risky. She should try to spend at least 6 months a year in the USA from now on until she can get citizenship.

[RICARDO4EVA2 194]

1) due to the retrogression my cspa age is almost 21... I'm worried..will I become f2b...???

- EMAIL THE NVC ASKING TO RETAIN THE BENEFICIARY AS F2A...IT IS THEIR CALL. -

2) my mother LPR is staying with us in Pakistan .. She went to USA in July 10 and came back in oct 10... She will go back to USA in sept 11 for a month ...the question is that is she qualifying for the residency/domicile ...???

She has a bank account in USA ..she has also transferred funds from Pakistan to that Account...she has a valid state ID, SSN...

She lives with my brother ..she is old..has no job..no tax etc...

- DOMICILE ISNT CALCULATED BY HOW LONG A PERSON RESIDE IN A CERTSIN AREA FOR IMMIGRATION. EVEN IF IT IS LOST IT COULD BE RE-ESTABLISHED AND THIS COULD BE ESTABLISHED WITHOUT TRAVELLING TO THE USA. -

3) i dont have pics with my mother..

what to do at the interview..i just want to be prepared

- PICTURES ARE NOT NECESSARY... JUST SHOW UP AT THE INTERVIEW AND U WILL BE GOOD TO GO. -

[JimVaPhuong 4,863]

NVC does have discretion whether to allow someone to retain eligibility in a category such as F2A when the beneficiary is eligible to upgrade to a different category. For example, if the petitioner has become a US citizen and the beneficiary is eligible to upgrade to F1, but upgrading would result in an earlier cutoff date. NVC doesn't have any discretion when it comes to a beneficiary aging out. This is strictly controlled by immigration law. You must enter the US before your CSPA age is 21 in order to retain F2A eligibility.

A sponsor will not lose domicile if a trip abroad is intended to be temporary, and they've maintained their residence and ties to the US in their absence. A sponsor who is no longer domiciled in the US cannot actually reestablish domicile without returning to the US, but they can take steps to reestablish domicile before they actually return to the US to stay, such as renting an apartment and accepting a job. The consulate has discretion in determining if the steps are sufficient. In the case of a sponsor who is reestablishing domicile, the sponsor must return to the US at the same time or before the beneficiary enters the US.

[miesha 0]

Thanks everyone....

Thanks everyone....