I-130 for my daughter

[N876 0]

Hi everyone

I have filed for N-400 and my interview is on August 29 in Santa Ana, CA. I have a daughter (out of the country) who will be 21 on November 1st and I am going to file I-130 for her after becoming a citizen. I am a little woried though as the process and all the necessary paperwork (interview, oath, etc.) take longer than her birthday and she becomes 21 I have read on USCIS website though ( Child Status Protection Act ) that if I manage to file the I-130 BEFORE November 1st, we should be OK (= she is going to be considered as my child and not daughter and will be here sooner). The exact wording from the website is:

"

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 petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized.

"

I am a little new to the whole immigration process and perhaps a little mis-informed my questions are:

1. Am I interpreting the CSPA law correct and is this law still active? because I called a well-experienced immigration lawyer and she didn't know anything about this law!!!

2. It was not until few days ago that I discovered that I could have filed for my daughter as a PR. Is this right? In terms of the time it takes for bringing my daughter here, is there any difference between applying as a USC or a PR? If no, do you think it is reasonable that I apply for her NOW, before my interview and benefit the time between my interview and my oath?

3. Although it really depends on our local office and the amount of applications they have, but do you think that based on my timeline the whole plan (applying for my daughter before she turns 21) is feasible?

I really do appreciate your help.

P.S: my life story is really complicated, my husband and I came to US and became Permanent Residents but returned to our home country when I was pregnant and had to deliever my daughter there and had to leave her with my parents because of our circumstances. So please don't mock me on why have I not filed for her long before I love my daughter more than anything, but life is not always what you expect it to be

Edited July 20, 2012 by N876

[aleful 1,905]

Hi everyone

I have filed for N-400 and my interview is on August 29 in Santa Ana, CA. I have a daughter (out of the country) who will be 21 on November 1st and I am going to file I-130 for her after becoming a citizen. I am a little woried though as the process and all the necessary paperwork (interview, oath, etc.) take longer than her birthday and she becomes 21 I have read on USCIS website though ( Child Status Protection Act ) that if I manage to file the I-130 BEFORE November 1st, we should be OK (= she is going to be considered as my child and not daughter and will be here sooner). The exact wording from the website is:

"

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 petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized.

"

I am a little new to the whole immigration process and perhaps a little mis-informed my questions are:

1. Am I interpreting the CSPA law correct and is this law still active? because I called a well-experienced immigration lawyer and she didn't know anything about this law!!!

2. It was not until few days ago that I discovered that I could have filed for my daughter as a PR. Is this right? In terms of the time it takes for bringing my daughter here, is there any difference between applying as a USC or a PR? If no, do you think it is reasonable that I apply for her NOW, before my interview and benefit the time between my interview and my oath?

3. Although it really depends on our local office and the amount of applications they have, but do you think that based on my timeline the whole plan (applying for my daughter before she turns 21) is feasible?

I really do appreciate your help.

P.S: my life story is really complicated, my husband and I came to US and became Permanent Residents but returned to our home country when I was pregnant and had to deliever my daughter there and had to leave her with my parents because of our circumstances. So please don't mock me on why have I not filed for her long before I love my daughter more than anything, but life is not always what you expect it to be

you can file for her now, but there is no benefit in doing so. you must become a USC before her 21st birthday. but if you choose you can file now and then upgrade your status once you become a USC and the i130 is approved. or you can wait and file as a USC and avoid the update.

[Karee 4,191]

Hi everyone

I have filed for N-400 and my interview is on August 29 in Santa Ana, CA. I have a daughter (out of the country) who will be 21 on November 1st and I am going to file I-130 for her after becoming a citizen. I am a little woried though as the process and all the necessary paperwork (interview, oath, etc.) take longer than her birthday and she becomes 21 I have read on USCIS website though ( Child Status Protection Act ) that if I manage to file the I-130 BEFORE November 1st, we should be OK (= she is going to be considered as my child and not daughter and will be here sooner). The exact wording from the website is:

"

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 petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary's age "freezes" on the date the petitioner naturalized.

"

I am a little new to the whole immigration process and perhaps a little mis-informed my questions are:

1. Am I interpreting the CSPA law correct and is this law still active? because I called a well-experienced immigration lawyer and she didn't know anything about this law!!!

2. It was not until few days ago that I discovered that I could have filed for my daughter as a PR. Is this right? In terms of the time it takes for bringing my daughter here, is there any difference between applying as a USC or a PR? If no, do you think it is reasonable that I apply for her NOW, before my interview and benefit the time between my interview and my oath?

3. Although it really depends on our local office and the amount of applications they have, but do you think that based on my timeline the whole plan (applying for my daughter before she turns 21) is feasible?

I really do appreciate your help.

P.S: my life story is really complicated, my husband and I came to US and became Permanent Residents but returned to our home country when I was pregnant and had to deliever my daughter there and had to leave her with my parents because of our circumstances. So please don't mock me on why have I not filed for her long before I love my daughter more than anything, but life is not always what you expect it to be

I don't know much about this except from what I read here. The way I understand it, it is best to file for your daughter while you are a permanenet resident, and then upgrade the petition once you become a citizen. Look here:

http://www.visajourney.com/forums/topic/110679-child-aging-out-cspa-may-help/

[aaron2020 11,651]

Hi everyone

I have filed for N-400 and my interview is on August 29 in Santa Ana, CA. I have a daughter (out of the country) who will be 21 on November 1st and I am going to file I-130 for her after becoming a citizen. I am a little woried though as the process and all the necessary paperwork (interview, oath, etc.) take longer than her birthday and she becomes 21 I have read on USCIS website though ( Child Status Protection Act ) that if I manage to file the I-130 BEFORE November 1st, we should be OK (= she is going to be considered as my child and not daughter and will be here sooner). The exact wording from the website is:

"

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 petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized.

"

I am a little new to the whole immigration process and perhaps a little mis-informed Just the opposite. You have asked very well informed questions. my questions are:

1. Am I interpreting the CSPA law correct and is this law still active? YES. CSPA is still good law. because I called a well-experienced immigration lawyer and she didn't know anything about this law!!!

2. It was not until few days ago that I discovered that I could have filed for my daughter as a PR. Is this right?Yes, an LPR can file for an unmarried child. In terms of the time it takes for bringing my daughter here, is there any difference between applying as a USC or a PR? If no, do you think it is reasonable that I apply for her NOW, before my interview and benefit the time between my interview and my oath? YES!!!! APPLY NOW!!!!

3. Although it really depends on our local office and the amount of applications they have, but do you think that based on my timeline the whole plan (applying for my daughter before she turns 21) is feasible? Maybe.

I really do appreciate your help.

P.S: my life story is really complicated, my husband and I came to US and became Permanent Residents but returned to our home country when I was pregnant and had to deliever my daughter there and had to leave her with my parents because of our circumstances. So please don't mock me on why have I not filed for her long before I love my daughter more than anything, but life is not always what you expect it to be

You are the best informed newbie and you are not misinformed. You have asked very well thought out and researched questions.

It is best to file for your daughter now while you are an LPR. File as soon as you can. File it today.

If you take your oath of citizenship before her 21st birthday, CSPA automatically freezes her age on that day. Later on, you can submit a photocopy of your US passport or Certificate of Citizenship to upgrade the case to the Immediate Relative category. If you take your oath on October 31, your daughter's CSPA age automatically freezes as under 21.

If you wait to file as a USC, you will waste 2-3 months waiting for your US passport or Certificate of Naturalization in order to file. Time your daughter cannot afford to waste. If you take your oath on October 31, then it will take at least one day to get a US passport or the Certificate of Naturalization. You file on November 1 and it is too late for your daughter's CSPA age to be under 21.

I disagree with Aleful. I believe there is a great benefit to file now while you are an LPR since you can freeze your daughter's age automatically on the day you take your oath of citizenship.

--------VERY IMPORTANT-------------------------------------

Write a letter requesting your citizenship be expedited because of your daughter's pending I-130. YOU NEED TO FREEZE YOUR CHILD'S AGE. Try to find the contact information on your interview letter and call them and ask whom you should send the request to.

Bring a copy of the letter to your interview. Tell the interviewer to expedite and arrange for your oath before Nov. 1.

Your child aging out is a VERY GOOD reason to expedite your citizenship.

Good luck.

Edited July 21, 2012 by aaron2020

[NickD 203]

As A US citizen, I could not petition for my stepson, because he was barely over 21, only my wife could, and that was as long as he remained unmarried. But we were told she could petition for him but would be faster if she waited to become a US citizen. The timelines verified that fact. But the political circumstances have changed since then, the NVC is forgetting about Latin America and pushing Iraq or Afghanistan that are supposingly helping us win those wars, and also many people from Africa.

I really can't say if she applied for him the instant she became a LPR, but certainly can't be any worse than what it is now, like seven years. If her son gets married, he is completely out.

Regardless of what you read or told, I would apply, NOW! and hope for the best.

Given the impression that 100 senators and 435 congressman all have an equal say, not true, some have a lot more power than others. But even if you have a powerful senator or congressman, or both, they are helpless to help you. NVC is controlled by the executive branch, and that guy doesn't even answer your pleas. NVC reports directly to the president so he dictates which countries have priority.

If you know of any difference or procedures in what I am stating, let me know. No debates on this issue, tried every route to get my stepson here. Learned the people running the NVC can be very rude. NO such thing as waiting for your place in line.

Edited July 21, 2012 by NickD

[Penguin_ie 5,996]

** Moving from US Citizenship to bringing Family of USC ****

[N876 0]

Thanks everyone for your wonderful information and sorry about posting in the wrong forum

So, as most of you mentioned, I am preparing the necessary paperwork to send the I-130 petition as soon as I can (I-486 is not necessary now and it is for the NVC stage, right?)

[N876 0]

--------VERY IMPORTANT-------------------------------------

Write a letter requesting your citizenship be expedited because of your daughter's pending I-130. YOU NEED TO FREEZE YOUR CHILD'S AGE. Try to find the contact information on your interview letter and call them and ask whom you should send the request to.

Bring a copy of the letter to your interview. Tell the interviewer to expedite and arrange for your oath before Nov. 1.

Your child aging out is a VERY GOOD reason to expedite your citizenship.

Good luck.

Thanks aaron2020 for your great response and encouragement

To tell you the truth, the only reason that I am applying for citizenship is for being able to have my daughter here, with me. But I was under the impression that this is not a good reason to tell USCIS (like if I'm asked in the interview) and they may deny my naturalization case. Are you saying that this is counted as a valid reason for applying for naturalization? Do you think that I might be able to even have the interview sooner if I tell them about my daughter aging out? I think I have to schedule an INFOPASS with the office handling my case and explain the whole situation to them.

Edited July 22, 2012 by N876

[aaron2020 11,651]

Thanks aaron2020 for your great response and encouragement

To tell you the truth, the only reason that I am applying for citizenship is for being able to have my daughter here, with me. But I was under the impression that this is not a good reason to tell USCIS (like if I'm asked in the interview) and they may deny my naturalization case. Are you saying that this is counted as a valid reason for applying for naturalization? Do you think that I might be able to even have the interview sooner if I tell them about my daughter aging out? I think I have to schedule an INFOPASS with the office handling my case and explain the whole situation to them.

There is no reason to deny your naturalization because you want to bring your daughter to the US. The entire purpose of the family based immigration system is to reunite families such as your.

Telling them that your daughter will age out is a great reason for USCIS to expedite your naturalization.

USCIS wants to reunite families like yours. Legal migration is encouraged.

You will be fine. File for your daughter and make every effort to expedite your naturalization.