family based immigration

[mummyT 1]

Hi does anyone know how immigration works with applying when under 21 but turning 21 before you get approved,do the take it from date of application

Thanks

[Nich-Nick 3,354]

Hi does anyone know how immigration works with applying when under 21 but turning 21 before you get approved,do the take it from date of application

Thanks

Start reading here from USCIS toward the bottom of the page "things to keep in mind"--http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

[aaron2020 11,651]

Hi does anyone know how immigration works with applying when under 21 but turning 21 before you get approved,do the take it from date of application

Thanks

Depends.

For an Immediare Relative case, the beneficiary's age is frozen for immigration purposes on the day USCIS receives the petition.

For a Family Category case (F1, F2a, F2b, F3, or F4), the beneficiary or derivative beneficiary's age is frozen on the day that the Priority Date becomes current. CSPA produces relief for some who turn over 21. Essentially, the beneficiary get to subtract some of his waiting time (only the time taken to approve the I-130).

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Who is the petitioner? Who is the beneficiary?

Give us some details, so you can get an answer for your situation.

Edited June 3, 2013 by aaron2020

[mummyT 1]

hi thanks for replying to me..I have been reading abit about the immigration reform..and in it says tyey want to introduce a new v visa which is v1 all married children of us citizen under 31 could get immidiate entry. my family are in f3 category and have a priority date feb 09 my husband was27 at the time.. I was just wanting to know if age got frozen at date you applied..his mum and dad are our sponsers. I did ask this on another site and some people can be so nasty so thanks for taking you time to help

leanne

[NigeriaorBust 4,087]

immigration reform is not yet law , so the details are subject to modification. It is unknown is old F class petitions will convert , or if you need a new v class ro get faster process ( if you qualify when/if the laws change)

[mummyT 1]

yes I know it hasnt passed yet and may change...I just wanted an idea about the age..as that would be a shock..hubby has just finished uni and with children it would be a big life change it a short time

[aaron2020 11,651]

yes I know it hasnt passed yet and may change...I just wanted an idea about the age..as that would be a shock..hubby has just finished uni and with children it would be a big life change it a short time

Age freezing does not matter in your husband's case. His age is not frozen for any purposes.

The Child Starus Protection Act freezes a person's age to protect unmarried children who turn 21 years old and age out.

Your husband is 27 years old and is married. He is not a child as defined by US law (a child for immigration purposes is unmarried and under age 21.)

You are trying to use CSPA for a completely unrelated thing. It doesn't work that way.

No age freezing for your husband.

Edited June 3, 2013 by aaron2020

[mummyT 1]

Immigrant Families

Changes for family-based immigration include:

■LPR spouses and children: The spouses and children of lawful permanent residents will be considered immediate relatives and their immigration applications are uncapped. Currently, only applications of spouses and children of U.S. citizens (not LPRs) are uncapped.

■Adult married children: Immigration applications for adult married children of U.S. citizens will be limited to only adult married children age 31 and under.

■Siblings: Family-based immigration for siblings will be eliminated. U.S. citizens with sibling petitions currently pending will be able to complete their application of sponsorship but the sibling category will be eliminated 18 months after the bill is enacted.

■New V Visa: The bill creates a new nonimmigrant family V visa for families with approved family visa petitions to work and live in the U.S. while they wait for their green card. It will also allow other family members including siblings to visit the U.S. for up to 60 days per year.

I am meaning if this happens...what age do they take it from

[aaron2020 11,651]

Immigrant Families

Changes for family-based immigration include:

■LPR spouses and children: The spouses and children of lawful permanent residents will be considered immediate relatives and their immigration applications are uncapped. Currently, only applications of spouses and children of U.S. citizens (not LPRs) are uncapped.

■Adult married children: Immigration applications for adult married children of U.S. citizens will be limited to only adult married children age 31 and under.

■Siblings: Family-based immigration for siblings will be eliminated. U.S. citizens with sibling petitions currently pending will be able to complete their application of sponsorship but the sibling category will be eliminated 18 months after the bill is enacted.

■New V Visa: The bill creates a new nonimmigrant family V visa for families with approved family visa petitions to work and live in the U.S. while they wait for their green card. It will also allow other family members including siblings to visit the U.S. for up to 60 days per year.

I am meaning if this happens...what age do they take it from

No one can tell you what the future immigration law will be like because Congress hasn't even discuss the big issues that divides it and you want details for one class of beneficiaries - that's makes your question impossible to answer because no one knows what the final rules will be. Edited June 3, 2013 by aaron2020