F2A and CSPA Question

[EliofAstora 1]

Hi there,
I have a question about F2A and the CSPA program.

 

• I am 20 Years old (Turning 21 on Aug 2018) (8 monhts from now)
• My brother is to file a petition this month for my mother (IR-5) Visa

 

Will 8 months be enough for her to file a petition for me as F2A?

If it does reach F2A, will CSPA be of any help? (I've read that the petitioner must be naturalized for this to take effect).

 

Thank you!

[geowrian 22,338]

1) Yes,  months is very likely too soon. It's taking ~12+ months for an IR-based visa.

2) It wouldn't matter anyway. You would need to be under 21 (CSPA-adjusted age) at the time her petition's PD became current. That is ~18+  months from filing at this point in time.

 

You will fall into F2B.

[EliofAstora 1]

If I do fall into F2B, can CSPA still be of help?
I've read somewhere that there is a certain formula that CSPA recognizes me as another age vs. my actual age. 

Can someone elaborate to me about this?

 

 

[Boiler 46,176]

Not going to matter, you will be 21 before your Mother even gets her GC, if you were a year or so younger it may have been relevant.

[geowrian 22,338]

26 minutes ago, EliofAstora said:

If I do fall into F2B, can CSPA still be of help?
I've read somewhere that there is a certain formula that CSPA recognizes me as another age vs. my actual age. 

Can someone elaborate to me about this?

CSPA would subtract the time your petition was filed but not yet adjudicated from your current age. This may knock off about 6-12 months from your real age, but you would still need to wait for the Priority Date (PD) to become current, which is ~18+ months.

As such, there's just no way to fall into F2A at this point...you'll almost certainly be 21 even before she can file for you.

[EliofAstora 1]

Okay I guess i'll have to be under F2B. In that case, if my mother arrives in the U.S., does she have immediate eligibility to file a petition for F2A/F2B?
Or does she have to wait for her GC to arrive in her mail box (a month or two)? 

[aleful 1,905]

she can file immediately

 

but forget about F2A, your brother is just going to file for her. her petition will take a year, meaning you will be already 21 when she arrives to the US

 

you will fall under the category F2B, and you can't marry

 

 

[Boiler 46,176]

4 hours ago, aleful said:

she can file immediately

 

but forget about F2A, your brother is just going to file for her. her petition will take a year, meaning you will be already 21 when she arrives to the US

 

you will fall under the category F2B, and you can't marry

 

 

Well not until her Mother is a USC if the sole focus is on moving to the US.

 

Or just get on with your life.

[aleful 1,905]

of course, but as long as his mom is a resident and he is under F2B, he can't marry

 

can't marry is next to F2B