How is the "current"status affecting new applications of the F-2A visa

[KevinF 3]

My wife (LPR) is sending in the I-130 for her son. She saw the current status on F-2a and wanted to know how that would affect the application. The application will go in the mail today.

Thanks in advance.

[Harpa Timsah 13,258]

It means there is no wait for a priority date to be current. Overall much faster. Still takes around a year for processing, though.

[newacct 688]

My wife (LPR) is sending in the I-130 for her son. She saw the current status on F-2a and wanted to know how that would affect the application. The application will go in the mail today.

Thanks in advance.

Is her son here in the U.S.?

[FeelingGood 1]

I think you can benefit more if sending I-485 together with I-130 during the Current PD. You can send out I-130 anytime. PD Current allows you to file 485 without without waiting for the approval of your I-130.

[KevinF 3]

No, he is in France.

[aaron2020 11,651]

The F2a category being current affects beneficiaries inside the US and those outside the US very differently.

For an F2a beneficiary in the US, it's all good news. That person can apply to adjust in the US. He will get EAD/AP. If his PD retrogress and is no longer current, no problem EAD/AP is renewable until the person gets a green card. Also, CSPA protection kicks in when the I-485 is filed and retrogression has no negative effect.

For an F2a beneficiary, nothing much will change. USCIS still has to approve the I-130 and it ha to go through the NVC. If the PD is current when the I-130 is approved, then normal processing and CSPA protection kicks in when the PD first became current. If the PD retrogress, this person has to wait for it to be current again before a visa number is available. Since this person could not file the DS-230 until there was an approved I-130, CSPA protection will not kick in until the PD is current again. So, essentially nothing much has changed.

[KPACOTKA 0]

The F2a category being current affects beneficiaries inside the US and those outside the US very differently.

For an F2a beneficiary in the US, it's all good news. That person can apply to adjust in the US. He will get EAD/AP. If his PD retrogress and is no longer current, no problem EAD/AP is renewable until the person gets a green card. Also, CSPA protection kicks in when the I-485 is filed and retrogression has no negative effect.

For an F2a beneficiary, nothing much will change. USCIS still has to approve the I-130 and it ha to go through the NVC. If the PD is current when the I-130 is approved, then normal processing and CSPA protection kicks in when the PD first became current. If the PD retrogress, this person has to wait for it to be current again before a visa number is available. Since this person could not file the DS-230 until there was an approved I-130, CSPA protection will not kick in until the PD is current again. So, essentially nothing much has changed.

Hi everybody, didn't mean to high jack the post but just to clarify for everyone else here including myself. As per aaron2020 comment "If the PD is current when the I-130 is approved, then normal processing and CSPA protection kicks in when the PD first became current" does it really mean if all aging out beneficiaries can have their I130 petitions approved before October they are automatically protected by CSPA, given the fact that their PD is current right now?

Also, KivinF, how old is the child? Maybe there's any way to expedite the petition

Thank you

[aaron2020 11,651]

Hi everybody, didn't mean to high jack the post but just to clarify for everyone else here including myself. As per aaron2020 comment "If the PD is current when the I-130 is approved, then normal processing and CSPA protection kicks in when the PD first became current" does it really mean if all aging out beneficiaries can have their I130 petitions approved before October they are automatically protected by CSPA, given the fact that their PD is current right now?

Also, KivinF, how old is the child? Maybe there's any way to expedite the petition

Thank you

No

This is for F2a beneficiaries outside the US. Since the PD for the F2a category is current, any F2a who gets an approved I-130 during this period will be 100% protected by CSPA as long the person sought to acquire a visa by filing the DS-230 before his PD retrogresses. If he files after it retrogresses, then CSPA will not apply. So, CSPA only applies if the DS-230 was filed while the PD is current.

[KPACOTKA 0]

Thank you for your reply aaron2020. Everybody anticipates VB to retrogress in October unfortunately... How soon can one file DS-230 after his I-130 was approved? Any chance at all to fall within timeframe before retrogression(in October)?

I am thinking USCIS should have some kind of policy/procedure for aging out kids when circumstances allow them to apply for visas while F2A is current...it would make so many families happy now, wouldn't it...

Thank you

[KevinF 3]

He is 15,almost 16.

[KevinF 3]

He is 15,almost 16.

[KPACOTKA 0]

He is 15,almost 16.

Off topic a little but this may interest you...I am not exactly sure but I believe that you, KevinF can file I130 for him as a USC step parent, since you married his mom before his 18th bday. The process is much faster in that case

[aaron2020 11,651]

The US citizen stepparent could have filed for the 15 years old stepson. This would have been an Immediate Relative case with a visa number immediately available.

With the F2a category current, it should take about the same time for a USC to petition for an Immediate Relative. If the beneficiary's PD retrogresses, then there will be a wait for it to become current again. A visa number would not be available until the PD becomes current.

It would have been better for the US citizen stepparent to petition than for the LPR parent because it eliminates the risk of retrogression.

Edited August 23, 2013 by aaron2020