Does cspa apply to my case?

[lidail 0]

Greetings,

 

My mother is a LPR and plans to apply for my F2A case late october 2017. As of right now, I'm 20yo and 1month. Will I be eligible to get my gc under f2a before aging out considereding i'm planning to apply under consular processing ?

[f f 725]

it all depends on how fast they process your i130 and how soon your priority date becomes current. 

[geowrian 22,338]

There's no guarantee you won't age out into F2B. The sooner she files, the better your chances.

 

When she files the I-130, your CSPA age will pause. Once they approve (or deny) the I-130, the clock starts ticking again. There is currently about an 18 month wait for a visa number to become available under F2A (although this may go up in the future). So there are 2 major factors:

1. How quickly USCIS adjudicates the I-130. The faster they do it, the less time protected by CSPA.
2. How soon the Priority Date (PD) becomes current. Expect 18 months but it could be a little sooner or later based on how many others obtain visas in the same category (since they are limited per year).

So, for example, if USCIS takes 1 year to process the I-130 and the PD becomes current in 18 months, you would qualify under F2A as your age under CSPA would be 20 years and 7 months. If USCIS processes it in only 6 months, you would age out into F2B in the same circumstance.

 

Edit: if your mother naturalizes, your age will freeze under CSPA. So if you're under 21 at the time, you would remain a child for their purposes (and could upgrade the petition to an immediate relative category).

Edited October 1, 2017 by geowrian

[lidail 0]

Thank you for the quick replies,

 

Is there any website that can give me the overall processing time for F2A approval from USCIS?

[geowrian 22,338]

1 minute ago, lidail said:

Is there any website that can give me the overall processing time for F2A approval from USCIS?

An I-130 approval can take anywhere from a few months to over a year depending on what service center gets it (and their backlog), how complicated the case may be, and the individual officer that gets your cases' workload. For a USC, it's typically around 6-7 months or so. For an F2A case, I've seen it be both shorter than that and closer to a year.

The best I can really point to myself for F2A is here: http://www.visajourney.com/timeline/monthly_filers.php?form=2&visa=4&scenter=1&option=2&sortby=2. There's not really enough data to make good predictions, though.

 

PD estimator:

http://www.myprioritydate.com/

The actual visa bulletin is what really matters, but this site looks at historical averages and trends to make a (usually pretty accurate) prediction.

[lidail 0]

Aight I'll try checking it asap, thanks for your support