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Posted

Hello dear VJ users! Thank you all for all the topics and tons of valuable information for us all!

We just filed I130 for LPR daughter under 21(the petitioner is my mom and the beneficiary is my sister), and I just now found out that the priority date in F2A category will be current on August 1( thanks to many VJ users and topics and special thanks to aaron2020)

I apologize if my question seems dumb...From reading all the information I got the impression that the priority date being current only matters to people with approved I130. Please correct me if I am wrong. I would hate to miss this wonderful opportunity of seeing my sister here sooner than later due to insufficient knowledge in this field. Can someone please clarify if there's anything we need/can do before the petition is approved to take advantage of status "C" in F2A category. I am assuming we cant really start consular processing before I130 is approved. My sister is 20 years old right now but will be 21 June,2014. I really hope we would have enough time to get done with everything before she turns 21, since it would move her in f2b category, which has much much longer waiting time:(((

Thank you all in advance for your time and consideration to this matter!

Filed: Country: Vietnam (no flag)
Timeline
Posted

F2a beneficiaries in the US are treated differently from F2a beneficiaries outside the US.

For F2a beneficiaires in the US with a valid non-immigrant visa, they can file to adjust on August 1. The I-130s does not need to be approved. They will get AP/EAD. Even if the PD regresses, they can extend AP/EAD until they get their green cards. They are essentially legal in the US - they can travel internationally and work while waiting for their green cards.

For F2a beneficiaires outside the US, they have to wait for the I-130s to be approved before they can file the DS-230 for immigrant visas. (This is similar to an Immediate Relative of a USC who is outside the US who has to wait for the I-130 to be approved before filing the DS-230.)

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Your sister is outside the US. She has to wait until the I-130 is approved before she can file the DS-230.

There is nothing you can do about CSPA and her turning 21. As long as the PD never regressess beyond her PD, she is fine. Even if it does, the time it takes USCIS to approve the I-130 will not count against her. It is impossible to tell you if she will benefit from CSPA or not because I cannot see the future PDs in the coming Visa Bulletins. All you can do is wait and hope.

Posted

Thank you aaron2020 for your detailed explanation and answer in regards to my question! I really appreciate your taking the time to do this. And now have much better understanding of this whole situation.

In the meantime off topic, just got confirmation that I130 was delivered to USCIS in Chicago:). And the waiting game begins....

Good luck to all of us with all our immigration matters:)

  • 2 months later...
Filed: Country: Vietnam (no flag)
Timeline
Posted

i will be sending my I-130 forms to USCIS for my parents next week. i wil put them into 2 different envelops , but can i send them in 1 package or they need to be seperated as well ?

Please do not hijack another person's thread when your question has nothing to do with the original question.

A question about your parents has nothing to do with an LPR filing for a daughter under 21.

Adding random questions only cause confusion. Next time, start your own thread.

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You can put them in the same envelope. Just make sure that you keep them separate. Separate checks.

 
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