ADVICE ON BRINGING SON WHO IS NOW 21 TO THE USA

[marianne_gc 0]

Hi,

I am a LPR and my husband is a USC and we were married before my son turned 18. My husband petitioned for my son last March (I-130)and we received NOA1 with a priority date of March 15, 2011. My son turend 21 in June 2011 (after receipt of the NOA1)and we had no further communication until September 2011. My husband received the DS3032 and paid the affidavit of support fee $88. My son completed the DS3032 and nominated my husband as his agent over here in the US (my son is still at University in the UK). In October my husband received a case number from NVC and the Processing Fee Bill for $404 which he subsequently paid online. We did not hear any more from NVC so my husband called them last week and was told he should have scrolled down the page when he paid the Processing Fee Bill and it would have taken him to the DS-230 (which he had not realised). He was told he could still login and complete the DS-230 and send it with any supporting documents to NVC.

My main concern here is; my son is now over 21 and the DS-230 has not been filed. Is this going to be a problem regarding ageing out? The I-130 and NOA1 (I797C) are both dated March 2011 prior to his 21st Birthday so does that mean everything should still be ok?

Please help, I am so worried about this as my son will be devastated if he can't come to the US and will have to wait years for a Visa to become available.

Thanks in advance!

[aaron2020 11,651]

Hi,

I am a LPR and my husband is a USC and we were married before my son turned 18. My husband petitioned for my son last March (I-130)and we received NOA1 with a priority date of March 15, 2011. My son turend 21 in June 2011 (after receipt of the NOA1)and we had no further communication until September 2011. My husband received the DS3032 and paid the affidavit of support fee $88. My son completed the DS3032 and nominated my husband as his agent over here in the US (my son is still at University in the UK). In October my husband received a case number from NVC and the Processing Fee Bill for $404 which he subsequently paid online. We did not hear any more from NVC so my husband called them last week and was told he should have scrolled down the page when he paid the Processing Fee Bill and it would have taken him to the DS-230 (which he had not realised). He was told he could still login and complete the DS-230 and send it with any supporting documents to NVC.

My main concern here is; my son is now over 21 and the DS-230 has not been filed. Is this going to be a problem regarding ageing out? The I-130 and NOA1 (I797C) are both dated March 2011 prior to his 21st Birthday so does that mean everything should still be ok?

Please help, I am so worried about this as my son will be devastated if he can't come to the US and will have to wait years for a Visa to become available.

Thanks in advance!

Your son is fine. He will not age out. Turning 21 is not a problem in his case.

Your USC husband file for your son as his Immediate Relative. For Immediate Relatives, CSPA freezes your son's age on the day USCIS received the I-130; the Priority Date. Since your son's PD is March 15, 2011, it is his age on this date that will be used for immigration purposes on this case. He will be age 20 for immigration purposes.

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

[Enigma11561 336]

Aaron

Are your sure about this? I read someplace, and I could be wrong, that if this was the husbands son, you would be right. But it is her son and she is not a USC but a LPR. Does she not have to naturalize first in order to freeze his age?

[JimVaPhuong 4,863]

Aaron

Are your sure about this? I read someplace, and I could be wrong, that if this was the husbands son, you would be right. But it is her son and she is not a USC but a LPR. Does she not have to naturalize first in order to freeze his age?

If the biological parent marries the US citizen spouse before the child is 18 then the child is considered the son or daughter of the USC for immigration purposes, and the visa category is CR2/IR2, which is an immediate relative of a US citizen. The age freezes on the day USCIS receives the petition, the same as it would for a biological child. There is no separate visa category for a step-child. Aaron is correct.

[Enigma11561 336]

If the biological parent marries the US citizen spouse before the child is 18 then the child is considered the son or daughter of the USC for immigration purposes, and the visa category is CR2/IR2, which is an immediate relative of a US citizen. The age freezes on the day USCIS receives the petition, the same as it would for a biological child. There is no separate visa category for a step-child. Aaron is correct.

Then I am glad that Aaron is correct and the Op will now have few worries.