Need Advice for an 'Aging Out' F2A Applicant

[jmeister 0]

Hi guys, my cousin is trying to immigrate to the States, through his father, who is in the process of becoming a permanent resident (obtaining a green card). The father has right to permanent status because he has an older son, above 21, legally born in the U.S. who is sponsoring him. They're in Mexico.. Yes. The country with the biggest 'lines'.

The problem? The individual (my cousin) who wishes to apply under F2A, turns 21 in March 2017, and we believe his father (my uncle) will get his own Green Card just a couple of months before, maybe Jan-Feb based on what's coming down the pipeline.

The million dollar question that I need your expert advice is: will the son, of the freshly minted Green Card holder be able to Apply under F2A and be 'grandfathered' despite, reaching 21 literally a month or two after submitting an I-130 on his behalf?

Based on my Googling, I think, I already know the answer: no. I'm hoping you might be able to help me think of a clause or loophole in which we can make this happen. The uncle could've had the Green Card ages ago and thereby, immigrating the son shortly thereafter. The reason why they didn't do it? They didn't care. They were content in staying in Mexico.

Now the cousin is finishing up university, in Computer Science, and now he wants to desperately immigrate, despite, it, well, being a little, too late. Sad isn't it? I want to help these folks out, but they didn't help themselves out when they had the chance. It's going to be devastating to tell the Cuz, that, well, you're now an F2B, and the wait time for that is? 20 years... Tell me the honest truth please, so I at least, can give him the whole truth, without any doubts.

I will sincerely appreciate any and all feedback on this matter.

Thank you for your time.

Jeff

[Jojo92122 1,924]

Hi Jeff,

There is no "grandfathering." When dad files, it will be a new case with a new Priority Date.

Your cousin will age out into the F2b category, and he will have to wait 20 years for a visa. CSPA will not help him with the long wait and being 1 or 2 months away from his 21st birthday when his dad files.

There are no loopholes.

Sorry.

[Unlockable 7,315]

Hi,

It is inevitable that your cousin will age out. Nothing anyone can do about it.

[Jojo92122 1,924]

P.S. No one has a "right" to permanent residency. It's a privilege, not a right. Your uncle does not have a right to permanent residency because he has a USC son. He may be able to get permanent residency through his son, but he does not have a right to get permanent residency.

Edited October 3, 2016 by Jojo92122

[jmeister 0]

Thanks for the replies so far, save, for maybe, the last one. Yes. I know that U.S. citizenship is a privilege not a right. But you know what I meant. It's like saying, someone over the age of 16 has the right to a driver's license, yes, we all know driving is a privilege not a right. It's just semantics. No offense was meant and you should relax a little.

I'll let the thread stay up, just in case, some other brilliant mind or legal expert might chime in. But yeah... I know the answer has next to 0 chance of moving to a 'yes'. Thanks again. I was tasked to research this by mom and wanted to give a definitive answer. And this is why I came here to you folks.

[milimelo 4,564]

Find a nice American girl and hope the relationship blossoms to fiancé visa?

[jmeister 0]

Find a nice American girl and hope the relationship blossoms to fiancé visa?

Hah. Good one. I'm sure no one's thought about that before--and I'm sure he won't be thinking of doing that--now that his aspiration has gone up in flames. The guy is too nerdy. He's the type to just play games all day when he's not doing his programming stuff.