I'm USC! Help! Urgent! Visa for my stepson aging out!

[JoeVisa 1]

My question is does my stepson still qualifies for the Children Immigrant Visa (IR2) if I file a petition for him this week?

Here is my case, I am USC and my stepson, who is unmarried will be aging out or will be 21 years old next month on September 16th. Last month, I petitioned his mother using Form I-130, since we've been married for more than 3 years already. I am ready to file my petition for my stepson this week and just wondering whether I have to do anything else so he can qualify for the Children Visa!? By the way, do you think I can make a request for this petition to be sent to either Texas or Vermont Centers rather than CSC?

On a side note, I called the USCIS and spoke to second tier operator and I clearly told him my dilemma about my stepchild who is turning 21 next month. The advised and he insisted that I send my I-130 petition for my stepson, before he turns 21 next month. Then, I also mentioned to him about the NVC important information which states, “regarding children must be under the age of 21 at the time they enter the US.” http://travel.state..../info_3191.html ... And again he said, “Just as long as they're not married it's, OK!?” So, what do I do now... nothing but to continue with my sons petition and go from there... I was hoping somehow I could get some other information from other VJ members in regards to this situation – maybe someone heard of CSPA, perhaps? I am not really clear on it?! Or ANYBODY here who has similar experience? Please share... Thank you so much in advance for your prompt replies!

Edited August 15, 2011 by JoeVisa

[NigeriaorBust 4,087]

How old was he when you married the mother ? It appears that he was under 18 so qualifies as your stepson. If he was over 18 he doesn't qualify as your stepson for immigration and would have to be filed for by his mother.

[JoeVisa 1]

My question is does my stepson still qualifies for the Children Immigrant Visa (IR2) if I file a petition for him this week?

Here is my case, I am United States Citizen and my stepson, who is unmarried will be aging out or will be 21 years old next month on September 16th. I married his mother when he was 17 years old and last month, I petitioned his mother using Form I-130, since we've been married for more than 3 years and 9 months already. I am ready to file my petition for my stepson this week and just wondering whether I have to do anything else so he can qualify for the Children Visa!? By the way, do you think I can make a request for this petition to be sent to either Texas or Vermont Centers rather than CSC?

On a side note, I called the USCIS and spoke to second tier operator and I clearly told him my dilemma about my stepchild who is turning 21 next month. The advised and he insisted that I send my I-130 petition for my stepson, before he turns 21 next month. Then, I also mentioned to him about the NVC important information which states, “regarding children must be under the age of 21 at the time they enter the US.” http://travel.state..../info_3191.html ... And again he said, “Just as long as they're not married it's, OK!?” So, what do I do now... nothing but to continue with my sons petition and go from there... I was hoping somehow I could get some other information from other VJ members in regards to this situation – maybe someone heard of CSPA, perhaps? I am not really clear on it?! Or ANYBODY here who has similar experience? Please share... and sorry for posting this in the wrong forum earlier under Permanent Residence to America... Thank you so much in advance for your prompt replies!

[JoeVisa 1]

How old was he when you married the mother ? It appears that he was under 18 so qualifies as your stepson. If he was over 18 he doesn't qualify as your stepson for immigration and would have to be filed for by his mother.

My stepson was 17 when I married his mother back in 2007.

By the way, I made a mistake on posting this here as I am a United States Citizen. So, we can go ahead hopefully and continue this thread at "Bringing Family Members of USC section."

Thank you so much for your reply and please let me know if my son can qualify for it and thanks again.

[NigeriaorBust 4,087]

So you can file the I130 for him as a stepfather , showing proof you married before he was 18. You may not be lucky enough to get this done before he ages up. Huge difference in processing, get the thing mailed in ASAP . Unmarried adult children are processing from 2004 from most countries.

[JimVaPhuong 4,863]

There's a pinned thread on the CSPA here:

http://www.visajourney.com/forums/topic/110854-child-aging-out-cspa-may-help/

It's an old thread, so some of the links are dead. Basically, you need to get the petition accepted by USCIS before your step-son ages out. His age will effectively freeze on that date provided he applies for the visa within a year of the petition approval.

[Penguin_ie 5,993]

***** Moving from Bfringing.. LPR to Bringing... USC *****

I agree with what pushbrk said in your earlier thread.

[Ban Hammer 13,342]

duplicate topics merged.

[Virginian61 1]

The USCIS home page is helpful. They also have a telephone help line.

http://www.uscis.gov/portal/site/uscis

[RICARDO4EVA2 194]

So you can file the I130 for him as a stepfather , showing proof you married before he was 18. You may not be lucky enough to get this done before he ages up. Huge difference in processing, get the thing mailed in ASAP . Unmarried adult children are processing from 2004 from most countries.

thought he will need to enter the USA before he turns 21..?

Worst he is applying a 30 days prior to the 21st birthday..

[Jojo92122 1,924]

Aging out is not an issue if the I-130 is received by USCIS before the stepson turns 21 years old. (I am assuming the stepson is single.)

Here is my analysis;

The OP married mom before the stepson's 18th birthday, so the OP can file an I-130 for the stepson.

If the OP files the I-130 before the stepson's 21st birthday, then this would be an IR-2 case (US citizen petitioning for an unmarried child under 21). Under CSPA, the child's age freezes on the date that I-130 is filed (i.e., received by USCIS).

See here; http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD

"If the petition (Form I-130, Petition for Alien Relative) was filed by a U.S. citizen parent for his or her child, the beneficiary’s age “freezes” on the date of filing."

If the OP files the I-130 after the stepson's 21st birthday, then this would be an F1 family preference case (US citizen petitioning for an unmarried child - who generally does not qualify as an Immediate Relative).

==========================

Aging out under CSPA works differently for Immediate Relatives versus those beneficiaries in one of the family preference categories (F1, F2a, F2b, F3, & F4).

Under CSPA, the Immediate Relative beneficiary's age freezes on the date the I-130 is filed.

Under CSPA, an family preference category beneficiary's age freezes on the date the Priority Date becomes current.

Edited August 16, 2011 by Jojo92122

[Jojo92122 1,924]

Joe - You gotta get the I-130 in before your stepson's 21st birthday. Make sure you account for delivery of the I-130. Postmarks don't count. It is the day that USCIS actually receives the file that counts.

Send the I-130 in today if you can.

[Jojo92122 1,924]

thought he will need to enter the USA before he turns 21..?

Worst he is applying a 30 days prior to the 21st birthday..

The stepson does not need to enter the US before his 21st birthday. For an Immediate Relative case, USCIS must receive the I-130 before the stepson's 21st birthday. His age freezes on the date the I-130 is filed if he is still under 21. He can enter the US after he turns 21 because for immigration purposes his CSPA age is under 21.

Entering the US before turning 21 is relevant on a K-2 visa. A child must be under 21 years old when he/she enters on a K-2 visa in order to adjust his/her status.

Edited August 16, 2011 by Jojo92122

[RICARDO4EVA2 194]

Thanks For sharing

[JoeVisa 1]

Thank you all so much for your contribution to this thread - you guys are such a blessing!!! Special thanks to JimVaPhuong for his short, clear and concise answer... but most especially to Jojo92122, for his well done, in depth analysis of my situation and not to mention with matching explanations of the CSPA -- WOW!!! -- your expertise sir is well deserved and much appreciated at this time of emergency for my family!!!

Yesterday, I mailed my petition for my stepchild and also enclosed my request letter to Expedite I-130 Humanitarian reason and Child Aging Out! The Chicago lockbox should receive the completed packet within 2-3 days.

Thanks again... you good Samaritan you!!! :dance:

Edited August 17, 2011 by JoeVisa