F2A - Turning 21 in April 2016

[SalSterling 10]

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.

Here is the thing to note, 'F1' is a student visa and she continue to have this visa till she is a student in US under the USCIS guidelines for a foreign student. Petition I-130 that your mom will file once she will be here in US on behalf of your sister and her daughter will not do any harm to your sister's F-1 student visa status. Her F-1 visa status will adjust to her green card only when she will have an interview with Immigration Adjudication officer and then the officer will cancel her F-1 student visa and she will get the status of green card.

If your sister's visa becomes available (current) once after USCIS approved the I-130 and it is within 12 months of 21 birthday plus minus extended time in USCIS if any then for sure your sister may be eligible to get her greencard. Make sure to hire a good immigration attorney and make sure interview few of them and someone who has done this is and aware of this work then hire him or her. OH, I forgot your sister is in US so she don't have to go through NVC and sending to embassy instead she can be adjusted in USCIS once her visa number become current.

The biggest problem in this kind of situation is 'ignorance' by the USCIS, NVC and embassies overseas they don't do this unless until a lawer / attorney requested them and remind them that this candidate is near 21 or 21 but got the visa number before 21st. birthday or got the USCIS approval before 21st. birthday etc.

[April21 0]

Here is the thing to note, 'F1' is a student visa and she continue to have this visa till she is a student in US under the USCIS guidelines for a foreign student. Petition I-130 that your mom will file once she will be here in US on behalf of your sister and her daughter will not do any harm to your sister's F-1 student visa status. Her F-1 visa status will adjust to her green card only when she will have an interview with Immigration Adjudication officer and then the officer will cancel her F-1 student visa and she will get the status of green card.

If your sister's visa becomes available (current) once after USCIS approved the I-130 and it is within 12 months of 21 birthday plus minus extended time in USCIS if any then for sure your sister may be eligible to get her greencard. Make sure to hire a good immigration attorney and make sure interview few of them and someone who has done this is and aware of this work then hire him or her. OH, I forgot your sister is in US so she don't have to go through NVC and sending to embassy instead she can be adjusted in USCIS once her visa number become current.

The biggest problem in this kind of situation is 'ignorance' by the USCIS, NVC and embassies overseas they don't do this unless until a lawer / attorney requested them and remind them that this candidate is near 21 or 21 but got the visa number before 21st. birthday or got the USCIS approval before 21st. birthday etc.

1) The 12 months rule sounds very encouraging for me as well, is this information available somewhere on USCIS website or any other place online.

2) Also, do you know any good attorney in the US or abroad.

Thanks very much, people here are very helpful and nice

[April21 0]

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.

Yes you are right. Thats how CSPA works. But SalSterling is very encouraging, he is referring to some USCIS rule that allows to get the F2A visa if petition was

approved before turning 21, and priority date becomes current within 12 months of turning 21(if USCIS, NVC etc are notified through a qualified attorney).

I really hope that works for me and others who are in the same situation.

Edited October 9, 2015 by April21

[nilx25 18]

Yes you are right. Thats how CSPA works. But SalSterling is very encouraging, he is referring to some USCIS rule that allows to get the F2A visa if petition was

approved before turning 21, and priority date becomes current within 12 months of turning 21(if USCIS, NVC etc are notified through a qualified attorney).

I really hope that works for me and others who are in the same situation.

I am well aware of 12 month rule. It has nothing to do with aproval. Our case became current in august. On august 1st, child's cspa age was 20 years 2 months. Now hir or her age freeze up. We have exactly 1 year to complete process of obtaining visa. So when your case gets current and your cspa age is 21 years 1 day over, you will not qualify under f2a. I have lawyer and read every single info on this for past 8 months and my conclusion is that either you qualify or not. There is no grey area in this process.

[piff 46]

On 10/8/2015 at 9:00 PM, April21 said:

Yes you are right. Thats how CSPA works. But SalSterling is very encouraging, he is referring to some USCIS rule that allows to get the F2A visa if petition was

approved before turning 21, and priority date becomes current within 12 months of turning 21(if USCIS, NVC etc are notified through a qualified attorney).

I really hope that works for me and others who are in the same situation.

who did it go for you?

[mmlr 0]

On 10/8/2015 at 8:00 PM, April21 said:

Yes you are right. Thats how CSPA works. But SalSterling is very encouraging, he is referring to some USCIS rule that allows to get the F2A visa if petition was

approved before turning 21, and priority date becomes current within 12 months of turning 21(if USCIS, NVC etc are notified through a qualified attorney).

I really hope that works for me and others who are in the same situation.

 Hi April21, Did you ever make it?