F2A - Turning 21 in April 2016

[April21 0]

Hi everybody,

I just recently registered here hoping to find some help as I will be aging out/turning 21 in April 2016. My LPR father filed I-130 for me and it has been approved after three months. My priority date is June 09, 2015 and it is predicted from current visa bulletin that it would be current in November/December 2016.

Keeping in view my situation, can I get a visa before my priority date is current since I am turning 21 next year. I mean can I make a request to NVC to expedite my visa.

One more point, USCIS delayed my father's "Adjustment of Status" due to workload by six months and

that in turn led to me turning 21, does that help in my situation?

Thank you

Edited October 7, 2015 by April21

[hari29 24]

The answer is no. After you age out (turn 21), you will move from F2A to F2B category. NVC will not expedite your visa for any reason unless your priority date becomes current even if it is a life threatening emergency. F2B has a much longer waiting time. Sorry about this.

[nilx25 18]

Hi everybody,

I just recently registered here hoping to find some help as I will be aging out/turning 21 in April 2016. My LPR father filed I-130 for me and it has been approved after three months. My priority date is June 09, 2015 and it is predicted from current visa bulletin that it would be current in November/December 2016.

Keeping in view my situation, can I get a visa before my priority date is current since I am turning 21 next year. I mean can I make a request to NVC to expedite my visa.

One more point, USCIS delayed my father's "Adjustment of Status" due to workload by six months and

that in turn led to me turning 21, does that help in my situation?

Thank you

for your case to be current, It will take 2 years. It took only 3 months for your case to be approved by USCIS so you only get 3 months additional time until August 2016. If your case does not get current by august next year which is very unlikely but possible, then only you will have chance.

[SalSterling 10]

As far as my information there is a provision in USCIS rules which says if beneficiary is turning 21 within next few months (12 or so) from the date once the visa become available at NVC (not from the time USCIS approved the petition) then beneficiary will get the visa under the same preference. Please make to consult with an immigration attorney so you can get benefit from this rule in case your visa number (nvc case number) becomes available before your 21st birthday.

[April21 0]

The answer is no. After you age out (turn 21), you will move from F2A to F2B category. NVC will not expedite your visa for any reason unless your priority date becomes current even if it is a life threatening emergency. F2B has a much longer waiting time. Sorry about this.

Thank you hari29 for replying. Lets hope it gets current by July/August 2016 as F2A is moving up.

[April21 0]

As far as my information there is a provision in USCIS rules which says if beneficiary is turning 21 within next few months (12 or so) from the date once the visa become available at NVC (not from the time USCIS approved the petition) then beneficiary will get the visa under the same preference. Please make to consult with an immigration attorney so you can get benefit from this rule in case your visa number (nvc case number) becomes available before your 21st birthday.

Much appreciated information SalSterling, this is what I was actually looking for. Have you had such experience yourself, or do you know someone who has been in the same situation?

It has been only a few days since we sent I-824 (request to send approved petition to NVC), no response from NVC or USCIS yet, any idea what the next step would be?

I have asked a few immigration attorney but they all have different ideas.

Thanks in advance.

[April21 0]

for your case to be current, It will take 2 years. It took only 3 months for your case to be approved by USCIS so you only get 3 months additional time until August 2016. If your case does not get current by august next year which is very unlikely but possible, then only you will have chance.

Thank you nilx25.

Is there any chance of F2A moving up by 4 to 5 months / becoming current very soon for everyone, in that case I would be out of danger

zone. I think thats possible if the visa bulletin continues to follow the same pattern since F2A advances every month by at least 15 days.

[nilx25 18]

Thank you nilx25.

Is there any chance of F2A moving up by 4 to 5 months / becoming current very soon for everyone, in that case I would be out of danger

zone. I think thats possible if the visa bulletin continues to follow the same pattern since F2A advances every month by at least 15 days.

Visa bulletin is very unpredictable as many factors play role in it. As you know that there is only limited number of visa a year being issued under f2a. As more and more applicants apply, catagory start to slow down quite a bit. Look at f3 and f4 catagory, which used to be 3 month wait time in early 80s and now its 10 years wait. I wish you all the best.

[hari29 24]

Thank you nilx25.

Is there any chance of F2A moving up by 4 to 5 months / becoming current very soon for everyone, in that case I would be out of danger

zone. I think thats possible if the visa bulletin continues to follow the same pattern since F2A advances every month by at least 15 days.

It takes anywhere between 1.5 yrs (minimum I have seen recently) to 2 years for the PD to become current according to recent trends. My wife had a PD of Jan 21, 2014 and she got her visa in Sep 2015. That is one year and eight months. But Visa Bulletin is highly unpredictable. It can go forward a lot and also retrogress a lot. Good Luck

[SalSterling 10]

Much appreciated information SalSterling, this is what I was actually looking for. Have you had such experience yourself, or do you know someone who has been in the same situation?

It has been only a few days since we sent I-824 (request to send approved petition to NVC), no response from NVC or USCIS yet, any idea what the next step would be?

I have asked a few immigration attorney but they all have different ideas.

Thanks in advance.

I came across someone who was in the same situation as yourself and able to come under the same preference even after his 22nd. birthday. I know they hire an attorney. It will be tough to locate him but I will try and see.

[April21 0]

It takes anywhere between 1.5 yrs (minimum I have seen recently) to 2 years for the PD to become current according to recent trends. My wife had a PD of Jan 21, 2014 and she got her visa in Sep 2015. That is one year and eight months. But Visa Bulletin is highly unpredictable. It can go forward a lot and also retrogress a lot. Good Luck

Visa bulletin is very unpredictable as many factors play role in it. As you know that there is only limited number of visa a year being issued under f2a. As more and more applicants apply, catagory start to slow down quite a bit. Look at f3 and f4 catagory, which used to be 3 month wait time in early 80s and now its 10 years wait. I wish you all the best.

nilx25, hari29, Thanks so much for all your good wishes

[April21 0]

I came across someone who was in the same situation as yourself and able to come under the same preference even after his 22nd. birthday. I know they hire an attorney. It will be tough to locate him but I will try and see.

Thank you SalSterling

I would really appreciate if you find me such information.

[VZLAN-US-Citizen 11]

Hello everyone,

I am US Citizen, currently applying for my mother. Case is moving along at a good pace and I have what I need for that case. However, our plan was for my mother to get to the US sometime early next year, and then once she is here with her green card, she could apply for my sister who is right now here as an international student. But as I am reading this post I came up with some questions.

1) My sister is 20 now and will be 21 in May 2016. Therefore, even if my mother gets here and gets her green card and everything is ready to go before May 2016, and even if we submit the I-130 by my mother to petition my sister for F2A status.... based on what I am reading here... that means that either way as soon as she turns 21, she will converted to F2B???

2) My sister is good with her F1 student visa right now... so, if we do submit for her to have F2A or F2B status via my mother... what will happen to her F1 student visa? could she continue her studies while she waits for F2A or F2B? if her student visa runs out, could she extend it and get more schooling? or no, because she will already have I-130 in process?

Thank you.

[April21 0]

Hello everyone,

I am US Citizen, currently applying for my mother. Case is moving along at a good pace and I have what I need for that case. However, our plan was for my mother to get to the US sometime early next year, and then once she is here with her green card, she could apply for my sister who is right now here as an international student. But as I am reading this post I came up with some questions.

1) My sister is 20 now and will be 21 in May 2016. Therefore, even if my mother gets here and gets her green card and everything is ready to go before May 2016, and even if we submit the I-130 by my mother to petition my sister for F2A status.... based on what I am reading here... that means that either way as soon as she turns 21, she will converted to F2B???

2) My sister is good with her F1 student visa right now... so, if we do submit for her to have F2A or F2B status via my mother... what will happen to her F1 student visa? could she continue her studies while she waits for F2A or F2B? if her student visa runs out, could she extend it and get more schooling? or no, because she will already have I-130 in process?

Thank you.

1) As far as I know, yes she will convert to F2B (takes 6 to 7 years) since the mother is not a US citizen but a Permanent Resident (in which case the age does not freeze on date of filing)

2) I believe your sister should be ok with her F1 visa as long as she is studying full time. Therefore, she can continue her studies and should be able to extend her F1 status while waiting for her visa in F2B.

hope that helps

[nilx25 18]

I came across someone who was in the same situation as yourself and able to come under the same preference even after his 22nd. birthday. I know they hire an attorney. It will be tough to locate him but I will try and see.

Thank you SalSterling

I would really appreciate if you find me such information.

You are right that some cases it took them 22 years to be approved. Our case was filed at USCIS Vermont center. It took them 1 year 4 months to approve our case. My wife's sister who is beneficiary turn 21 in March but since it took them 1 year 4 months. Our case would qualify under cspa because her age is less then 21. They deduct time it takes for file to be approved at uscis. California center is one of the fastest in approval so if you fall under California USCIS, your case gets approved in 3 months. So april21 only got additional 3 months on her case.