Aged out daughter of a US Citizen

[kin0309 0]

Hi,

My father is a US citizen but he wasn't able to petition me and my brother. He thought he can no longer do that because we are already aged out when he got his citizenship and he never consulted any immigration lawyer. He got his citizenship through marriage. As far as I know, he became a legal permanent resident before April 30, 2001 because he went home to the Philippines in 1996 0r 1997. Even before that time there is constant communication between us and my dad.

I'm single and turning 32 in March and I'm here in US through H1b visa that will expire on Sept 30, 2012. Can my father still petition me now that I aged out? Am I still considered as derivative beneficiary under Section 245 or covered by CSPA?

Please advise us what to do.

Thank you,

Kin

[aaron2020 11,651]

Hi,

My father is a US citizen but he wasn't able to petition me and my brother. He thought he can no longer do that because we are already aged out when he got his citizenship and he never consulted any immigration lawyer. He thought wrong, and he should have consulted an immigration lawyer who would have told him that he can petition for children over age 21. He got his citizenship through marriage. As far as I know, he became a legal permanent resident before April 30, 2001 because he went home to the Philippines in 1996 0r 1997. Even before that time there is constant communication between us and my dad.

I'm single and turning 32 in March and I'm here in US through H1b visa that will expire on Sept 30, 2012. Can my father still petition me now that I aged out? Aging out has nothing to do with your situation. Your age is irrelevant. Your father has always been able to petition you. He could have done it the moment he became an LPR. He can still petition now that he's a US citizen. Am I still considered as derivative beneficiary under Section 245 or covered by CSPA? No. 245 only apply if you had a petition filed for you before 2000. CSPA does not apply since you are over age 21.

Please advise us what to do.

Thank you,

Kin

Big mistakes on your father's part. His ignorance of US immigration laws resulted in you wasting many years.

A US citizen can file for any child of any age and any marital status. Age and marital status will determine how long the beneficiary has to wait for a visa.

Look at the Visa Bulletin. Become familiar with it. This is the line for visas. http://travel.state.gov/visa/bulletin/bulletin_1360.html

Based on the Visa Bulletin for Feb. 2012, an unmarried child over age 21 from the Philippines petitioned by a US citizen parent has a current wait of 14+ years for a visa. The current PD is May 22, 1997.

Once your father files the I-130 for you, it will likely take 14+ years for a visa to become available to you. In 14 years, you can apply for an immigration visa or adjust your status.

Be aware that your father filing for you will not give you any rights at this time. You will need another way to legally stay in the US.

[aleful 1,905]

Hi,

My father is a US citizen but he wasn't able to petition me and my brother. He thought he can no longer do that because we are already aged out when he got his citizenship and he never consulted any immigration lawyer. He got his citizenship through marriage. As far as I know, he became a legal permanent resident before April 30, 2001 because he went home to the Philippines in 1996 0r 1997. Even before that time there is constant communication between us and my dad.

I'm single and turning 32 in March and I'm here in US through H1b visa that will expire on Sept 30, 2012. Can my father still petition me now that I aged out? Am I still considered as derivative beneficiary under Section 245 or covered by CSPA?

Please advise us what to do.

Thank you,

Kin

was there a petition filed for you? to age out there must be a petition. please explain when did he marry your stepmother? did she file for you?

[Penguin_ie 5,997]

Is your father in the USA? He will need to be resident in the USA when you get your visa.

[kin0309 0]

Big mistakes on your father's part. His ignorance of US immigration laws resulted in you wasting many years.

A US citizen can file for any child of any age and any marital status. Age and marital status will determine how long the beneficiary has to wait for a visa.

Look at the Visa Bulletin. Become familiar with it. This is the line for visas. http://travel.state.gov/visa/bulletin/bulletin_1360.html

Based on the Visa Bulletin for Feb. 2012, an unmarried child over age 21 from the Philippines petitioned by a US citizen parent has a current wait of 14+ years for a visa. The current PD is May 22, 1997.

Once your father files the I-130 for you, it will likely take 14+ years for a visa to become available to you. In 14 years, you can apply for an immigration visa or adjust your status.

Be aware that your father filing for you will not give you any rights at this time. You will need another way to legally stay in the US.

[kin0309 0]

Big mistakes on your father's part. His ignorance of US immigration laws resulted in you wasting many years.

A US citizen can file for any child of any age and any marital status. Age and marital status will determine how long the beneficiary has to wait for a visa.

Look at the Visa Bulletin. Become familiar with it. This is the line for visas. http://travel.state.gov/visa/bulletin/bulletin_1360.html

Based on the Visa Bulletin for Feb. 2012, an unmarried child over age 21 from the Philippines petitioned by a US citizen parent has a current wait of 14+ years for a visa. The current PD is May 22, 1997.

Once your father files the I-130 for you, it will likely take 14+ years for a visa to become available to you. In 14 years, you can apply for an immigration visa or adjust your status.

Be aware that your father filing for you will not give you any rights at this time. You will need another way to legally stay in the US.

That's a very sad sad news. I guess I need to renew my H1B visa and then be petitioned by my employer. How long it will take the processing of GC through employer based petition?

[kin0309 0]

was there a petition filed for you? to age out there must be a petition. please explain when did he marry your stepmother? did she file for you?

No petition filed for me and my brother. I don't no exact date. I guess they got married between 1991 to 1995.

Is your father in the USA? He will need to be resident in the USA when you get your visa.

My dad is here in the US. We're living together now. He is already divorced with his wife

[sy_ny 2]

let me just chime in: Your father can still petition you doesn't matter if you are over 21 so long as he is a US citizen -- no doubt. Permanent residents (green card holders cannot) I know because I have been scrutinizing the procedure because I am in the process of petitioning my relatives. Please if this would help you confirm the veracity of this please visit this link under "Who May File Form I-130" http://www.uscis.gov/files/form/i-130instr.pdf

Hope this helps.

[JimVaPhuong 4,863]

let me just chime in: Your father can still petition you doesn't matter if you are over 21 so long as he is a US citizen -- no doubt. Permanent residents (green card holders cannot) I know because I have been scrutinizing the procedure because I am in the process of petitioning my relatives. Please if this would help you confirm the veracity of this please visit this link under "Who May File Form I-130" http://www.uscis.gov/files/form/i-130instr.pdf

Hope this helps.

This thread is more than a month old, so I don't know if the OP will see what you wrote.

Anyway, I just wanted to clarify what you wrote and I highlighted above. A permanent resident can petition for a son or daughter who is over 21, as long as the son or daughter is not married, and remains unmarried until the visa is issued and they enter the US. The visa category is F2B. If the son or daughter is under 21 then the visa category is F2A. If the petition is filed when the son or daughter is under 21, but the child reaches the age of 21 (CSPA adjusted) before a visa number is available then the visa category automatically converts to F2B.

[kin0309 0]

let me just chime in: Your father can still petition you doesn't matter if you are over 21 so long as he is a US citizen -- no doubt. Permanent residents (green card holders cannot) I know because I have been scrutinizing the procedure because I am in the process of petitioning my relatives. Please if this would help you confirm the veracity of this please visit this link under "Who May File Form I-130" http://www.uscis.gov/files/form/i-130instr.pdf

Hope this helps.

Question... My dad got his citizenship thru marriage and he is covered under section 245 but my stepmother did not petition me. if my father petition me now that I am over 21 years old can I borrow his priority date because he is covered by section 245? Or since I'm starting to process my employer based petition (EB3)can I borrow his priority date? By the way, I am less than 21 years old when my dad become LPR.

This thread is more than a month old, so I don't know if the OP will see what you wrote.

Anyway, I just wanted to clarify what you wrote and I highlighted above. A permanent resident can petition for a son or daughter who is over 21, as long as the son or daughter is not married, and remains unmarried until the visa is issued and they enter the US. The visa category is F2B. If the son or daughter is under 21 then the visa category is F2A. If the petition is filed when the son or daughter is under 21, but the child reaches the age of 21 (CSPA adjusted) before a visa number is available then the visa category automatically converts to F2B.

Question... My dad got his citizenship thru marriage and he is covered under section 245 but my stepmother did not petition me. if my father petition me now that I am over 21 years old can I borrow his priority date because he is covered by section 245? Or since I'm starting to process my employer based petition (EB3)can I borrow his priority date? By the way, I am less than 21 years old when my dad become LPR.

Edited March 19, 2012 by kin0309

[JimVaPhuong 4,863]

Question... My dad got his citizenship thru marriage and he is covered under section 245 but my stepmother did not petition me. if my father petition me now that I am over 21 years old can I borrow his priority date because he is covered by section 245? Or since I'm starting to process my employer based petition (EB3)can I borrow his priority date? By the way, I am less than 21 years old when my dad become LPR.

I'm not sure I'm getting your angle here. You have no priority date to preserve because no petition was ever filed for you. I'm not aware of any circumstances that would allow someone to "borrow" the priority date of a family member who immigrated. There are certain derivatives of family preference visas who can do something similar when they are determining their CSPA age, but not if aging out would require conversion to another family preference category. For example, if an LPR petitions for a spouse then the minor unmarried kids get to hitch a ride on the same petition, but if any of the kids ages out then they don't get to keep their original priority date because, as derivatives, they don't automatically convert to F2B.

Are you getting confused between porting priority dates for I-140 petitions and doing something similar with family based petitions?

[aleful 1,905]

Question... My dad got his citizenship thru marriage and he is covered under section 245 but my stepmother did not petition me. if my father petition me now that I am over 21 years old can I borrow his priority date because he is covered by section 245? Or since I'm starting to process my employer based petition (EB3)can I borrow his priority date? By the way, I am less than 21 years old when my dad become LPR.

Question... My dad got his citizenship thru marriage and he is covered under section 245 but my stepmother did not petition me. if my father petition me now that I am over 21 years old can I borrow his priority date because he is covered by section 245? Or since I'm starting to process my employer based petition (EB3)can I borrow his priority date? By the way, I am less than 21 years old when my dad become LPR.

no, stepchildren are filed separatly, so when she filed for your father, she could have filed for you separatly if the marriage took place before your 18th birthday. you are not a derivative under your father's peticion so you aren't covered under the 245i law. that petiticion is over, and it doesn't have anything to do with you.