aged out kids

[pinamerikana 0]

I am a LPR. I petitioned my son (birthdate: 12/15/1987)on Dec. 3, 2008. His approval notice date is July 16,2010. He has been reclassified from Unmarried child under 21 to that of Unmarried child over 21 of a LPR. Do we have grounds to contest this decision? Is there a way to bring him to US fast?

[canadian_wife 1,829]

What country is he from?

Good luck

[LIFE'SJOURNEY 970]

I am a LPR. I petitioned my son (birthdate: 12/15/1987)on Dec. 3, 2008. His approval notice date is July 16,2010. He has been reclassified from Unmarried child under 21 to that of Unmarried child over 21 of a LPR. Do we have grounds to contest this decision? Is there a way to bring him to US fast?

What part of your statement is NOT TRUE, what are you contesting?

The Child Status Protection Act (CSPA). In certain cases, the CSPA may allow you to retain the classification of “child” even if you have reached age 21. Generally, your age is “frozen” as of the date your U.S. citizen parent files Form I-130 for you. To determine if the Child Status Protection Act (CSPA) applies to you, see the “Child Status Protection Act” link to the left under “Green Card Processes & Procedures.”

This doesn't apply since you are still a LPR.

Edited July 24, 2012 by LIFE'SJOURNEY

[pinamerikana 0]

What part of your statement is NOT TRUE, what are you contesting?

The Child Status Protection Act (CSPA). In certain cases, the CSPA may allow you to retain the classification of “child” even if you have reached age 21. Generally, your age is “frozen” as of the date your U.S. citizen parent files Form I-130 for you. To determine if the Child Status Protection Act (CSPA) applies to you, see the “Child Status Protection Act” link to the left under “Green Card Processes & Procedures.”

This doesn't apply since you are still a LPR.

Thank you for the info.

What country is he from?

Good luck

Philippines

[NigeriaorBust 4,087]

birthdate: 12/15/1987

PETITION Dec. 3, 2008.

His approval notice date is July 16,2010.

So your son is 26 and they took a year and a half to approve so no he is correctly classed as over 21,

If you stay an LPR he must stay single

They are working JAN 2002 so you have about 7 years to wait.

Edited July 24, 2012 by NigeriaorBust

[aaron2020 11,651]

I am a LPR. I petitioned my son (birthdate: 12/15/1987)on Dec. 3, 2008. His approval notice date is July 16,2010. He has been reclassified from Unmarried child under 21 to that of Unmarried child over 21 of a LPR. Do we have grounds to contest this decision? No. US laws were correctly applied. Is there a way to bring him to US fast? The only faster way based on a family based petition is marriage to a US citizen. There is no quicker way for a family member to petition him.

If a child petitioned by an LPR parent turns age 21, the child ages out into the F2b category under US laws. US laws were correctly applied to your son's case and it was properly moved to the F2a category when he turned 21. You will not be successful contesting this action since the law was applied correctly.

Unfortunately, the current wait for Filipinos in the F2b category is 10-11 years. Your son will likely have to wait another 6-7 years and remain unmarried (until you become a US citizen) to immigrate under the petition you filed.

The only way to bring him to the US fast is marriage to a US citizen.

Edited July 24, 2012 by aaron2020

[JohnR! 5,495]

1343092459[/url]' post='5549632']

I am a LPR. I petitioned my son (birthdate: 12/15/1987)on Dec. 3, 2008. His approval notice date is July 16,2010. He has been reclassified from Unmarried child under 21 to that of Unmarried child over 21 of a LPR. Do we have grounds to contest this decision? Is there a way to bring him to US fast?

Under your status as a LPR there is nothing you can actively do. However, his chances would improve somwhat if you were a US citizen. If you are eligible for citizenship that is something to consider for he would move up to category F1 if you became a citizen. Nobody can guarantee you it would get him here any faster, but stacking the deck wouldn't hurt either,

Failing that, consider a student visa. He seems Bo be the right age for college and with that he might prepare himself for his life in America.

Marriage to a US citizen just for the purposes of getting him here faster on a CR/IR, as someone else recommended, is considered fraud, and might end up ruining his changes of ever getting here legally.

Best luck!

[aaron2020 11,651]

Under your status as a LPR there is nothing you can actively do. However, his chances would improve somwhat if you were a US citizen. If you are eligible for citizenship that is something to consider for he would move up to category F1 if you became a citizen. Nobody can guarantee you it would get him here any faster, but stacking the deck wouldn't hurt either,

Failing that, consider a student visa. He seems Bo be the right age for college and with that he might prepare himself for his life in America.

Marriage to a US citizen just for the purposes of getting him here faster on a CR/IR, as someone else recommended, is considered fraud, and might end up ruining his changes of ever getting here legally.

Best luck!

Gegel - you have got to stop giving out the wrong information. F1 will not make it faster or better, it makes the wait longer. (This time - please don't say I misunderstood you when you clearly state above that mom becoming a US citizen and him moving to the F1 category means that "his chances would improve somwhat if you are a US citizen.) You would have learned this just by looking at the Visa Bulletin. Do a little research before you post.

Moving to the F1 category will not make it faster. It will make it slower. The Philippines is treated very differently. The current PD for Filipinos in the F2b category is January 1, 2002. The current PD for Filipinos in the F1 category is March 1, 1994. Moving to the F1 category will add 8 years of waiting.

This should not be stop mom from becoming a US citizen. Upon a written request, the beneficiary can ask to remain in the F2b category when mom naturalizes.

Thus mom becoming a US citizen does not improve anything. He remains in the same position as when mom was an LPR.

A student visa is a non-immigrant visa. The son would need to prove he has a home to return to in the Philippines after he is done. It is also expensive. IMHO, it is better to educate your son at a university in the Philippines where classes are taught in English. Lots of my Filipino friends who are nurses were educated in the Philippines and are now nurses in the US without the need to get a US nursing education (only need to pass a credential exam).

Edited July 24, 2012 by aaron2020

[JohnR! 5,495]

A student visa is a non-immigrant visa. The son would need to prove he has a home to return to in the Philippines after he is done. It is also expensive. IMHO, it is better to educate your son at a university in the Philippines where classes are taught in English. Lots of my Filipino friends who are nurses were educated in the Philippines and are now nurses in the US without the need to get a US nursing education (only need to pass a credential exam).

Thanks for the heads up!

I floated the idea of a student visa as a means to get him to the US and prepare himself while he waits for his immigrant visa to be approved. Of course if would depend on a series of factors, but that is a real possibility.

Edited July 24, 2012 by Gegel

[JohnR! 5,495]

Moving to the F1 category will not make it faster. It will make it slower. The Philippines is treated very differently. The current PD for Filipinos in the F2b category is January 1, 2002. The current PD for Filipinos in the F1 category is March 1, 1994. Moving to the F1 category will add 8 years of waiting.

This should not be stop mom from becoming a US citizen. Upon a written request, the beneficiary can ask to remain in the F2b category when mom naturalizes.

True. The timelines for F1 are more extended than those for F2B. In this case, the one effective facotr in her becoming a US citizen is that he would not fall off the grid were he to get married. It might send him back a long ways but will not completely disqualify him.

Family-Sponsored PHILIPPINES

F1 - 15JUL97

F2A - 15FEB10

F2B - 22DEC01

F3 - 22JUL92

F4 - 01FEB90

Edited July 24, 2012 by Gegel

[JimVaPhuong 4,863]

True. The timelines for F1 are more extended than those for F2B. In this case, the one effective facotr in her becoming a US citizen is that he would not fall off the grid were he to get married. It might send him back a long ways but will not completely disqualify him.

Family-Sponsored PHILIPPINES

F1 - 15JUL97

F2A - 15FEB10

F2B - 22DEC01

F3 - 22JUL92

F4 - 01FEB90

Normally, moving from F2B to F1 would be considered a "promotion", but the Philippines is an exception because the F1 category is so heavily oversubscribed there. It's the only country where this bizarre dichotomy currently exists.

Department of State makes an exception in these cases. If the petitioner becomes a US citizen then they can ask that the previous visa category be retained. That means that the son or daughter would receive a visa number based on the F2B cutoff date, even though the son or daughter was technically an F1. The part that sucks is that they make this exception if the petitioner was an LPR when they submitted the petition, but not if the petitioner was already a US citizen when they submitted the petition. If the son or daughter gets married after the petitioner becomes a US citizen then they have no choice but to move to the F3 category. They can't get a visa number based on the F2B cutoff date anymore.

[Boiler 46,172]

Work visa might ... work!

[pinamerikana 0]

Work visa might ... work!

Thank you all for the information. Best of luck to all of us.

Thank you for everyone who replied. Best luck to all of us.