Need help with F4 Visa Case

[traveller159 0]

Hi everyone,

I'm new here.

I hope someone here can help me with the situation I am In.

 

Some context.

 

My mother is the principal applicant of a F4 Visa India.

The petition was filed when I was a kid around 12 years old. (MY DOB IS 31 October 1993)

The petition was filed on 21 November 2005 (Priority date)

 The same petition was approved 4 years later 21 November 2009

 

Today as per the latest visa bulletin of July 2018  the dates for filing family visas is 01 January 2005.

 

So my question is:

 

1.       Now that I am over 21 years of age do I qualify for CSPA? (I have tried different website got mixed answers)

2.       Now that the visa availability is within the year of 2005, do I have to adjust my status as a child?

3.       What would be the next step for me to take to ensure that everything is ready?

 

 

All help is appreciated

Thanks in advance

[Jojo92122 1,924]

It took 4 years to approve the I-130 for your mom, so you get 4 years of additional protection.  Your mother's PD must be current by the October 2018 Visa Bulletin in order for you to benefit from CSPA.

 

Unfortunately, you will age out.  You can not go by the Chart B Filing Date.  You must go by the Chart A Final Action Date.  The current PD for F4 from India in the July 2018 VB is March 22, 2004.  The current PD would have to advance almost 20 months by the October 2018 VB in order for you to benefit from CSPA.  That's probably not going to happen.

 

Once your parents immigrate, they can file for you in the F2b category, LPR petitioning unmarried son/daughter.  The current wait is 7 years.  You will get a new PD.  You can not keep your mom's PD.  You must stay unmarried until you get your green card as long as your petitioning parent is an LPR.

 

Sorry.  Best of luck.

[traveller159 0]

Hi Jojo92122,

 

Thanks for the quick reply.

 

Regarding this:  “You can not go by the Chart B Filing Date.  You must go by the Chart A Final Action Date.”

 

I came across this link: https://www.uscis.gov/visabulletininfo

 

On the website it states that

“ For Family-Sponsored Filings:
You must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2018. “

 

So I am confused.

 

 

And second thing is that

 

“It took 4 years to approve the I-130 for your mom, so you get 4 years of additional protection”

But I am as of today 24 years old. So as per the calculation I have 1 year of the 4 years left. Correct?  

[Jojo92122 1,924]

  On 6/24/2018 at 12:22 PM, traveller159 said:

Hi Jojo92122,

 

 

 

Thanks for the quick reply.

 

 

 

Regarding this:  “You can not go by the Chart B Filing Date.  You must go by the Chart A Final Action Date.”

 

 

 

I came across this link: https://www.uscis.gov/visabulletininfo

 

 

 

On the website it states that

 

“ For Family-Sponsored Filings:
You must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2018. “

 

 

 

So I am confused.

 

 

 

 

 

And second thing is that

 

 

“It took 4 years to approve the I-130 for your mom, so you get 4 years of additional protection”

 

But I am as of today 24 years old. So as per the calculation I have 1 year of the 4 years left. Correct?  

 

Expand  

You are not adjusting status, so Chart B does not apply to you.  Furthermore, getting a green card depends on a current PD in Chart A.

 

You will turn 25 years old on October 31, 2018.  You get an additional 4 years after your 21st birthday.  You have 3 months left.  There is zero chances that your mother's PD will be current by October 2018.

[jan22 3,069]

  On 6/24/2018 at 12:22 PM, traveller159 said:

Hi Jojo92122,

 

 

 

Thanks for the quick reply.

 

 

 

Regarding this:  “You can not go by the Chart B Filing Date.  You must go by the Chart A Final Action Date.”

 

 

 

I came across this link: https://www.uscis.gov/visabulletininfo

 

 

 

On the website it states that

 

“ For Family-Sponsored Filings:
You must use the Dates for Filing chart in the Department of State Visa Bulletin for July 2018. “

 

 

 

So I am confused.

 

 

 

 

 

And second thing is that

 

 

“It took 4 years to approve the I-130 for your mom, so you get 4 years of additional protection”

 

But I am as of today 24 years old. So as per the calculation I have 1 year of the 4 years left. Correct?  

 

Expand  

You are both talking about using the same website (the VIsa Bulletin).  However, there are two charts in the Visa Bulletin.  CHART A (Final Action Dates...) is the one you need to use.  USCIS decides each month whether CHART B (Dates for Filing...) can be used for filing the applications.  The USCIS said it's Chart A for July 2018, so that's 22 March 2004. 

 

There is absolutely no chance that the F4 category will advance more than 20 months before your birthday in October.  You are right in that you get 4 years of CSPA protection.  Once you hit 25 years old, you will no longer qualify as a derivative on your parent's F4.

 

 

Edited June 24, 2018 by jan22

[arken 4,197]

 

  On 6/24/2018 at 12:22 PM, traveller159 said:

 

 

I came across this link: https://www.uscis.gov/visabulletininfo

 

Expand  

Like others have said, you cannot go by uscis reference on which chart to use. Dates for Filing Chart is only for people currently living in the US. People appearing for a visa interview in a US embassy should use Chart A (Final Action Date) of the visa bulletin. 

 

I also agree with others that you will ageout. You PD should be current by Oct 2018 before you age out. With cutoff date of March 2004 for july visa bulletin and judging by how F4 PD is moving forward, that is impossible to happen.

 

 

[traveller159 0]

Hi everyone,

 

Thanks for the help.

 

Now that this F4 Visa is out of the option.

Is there any other way to immigrate legally?

 

Any help would be appreciated.

[Boiler 46,338]

Marriage

 

Work 

 

Investment

[Jojo92122 1,924]

  On 6/24/2018 at 8:18 PM, traveller159 said:

Hi everyone,

 

Thanks for the help.

 

Now that this F4 Visa is out of the option.

Is there any other way to immigrate legally?

 

Any help would be appreciated.

Expand  

The legal way is for your parents to immigrate first and then file for you in the F2b category.

 

You have not mentioned any other details that would make another visa available to you.   What other visa you may qualify for depends on your circumstances.

 

For a fiance or spousal visa, you need a US citizen or LPR who wants to marry you.

 

For a work visa, you must have a college degree and find a US employer who is willing to pay a lawyer to go through the process on your behalf (US laws say you can not pay for a work visa, the employer must pay and you can not reimburse the employer).

 

For an investment visa, you will need $500,000 USD and the $80,000 fees for the lawyers.

 

[traveller159 0]

Well my circumstance is such that,

I am a 24 year old male with a Bachelors Degree in Advertising from the University of Mumbai. (10+2+3)
Two years of professional work in sales environment (Telephonic and Retail)
That's about it. any more information required?

 

The F2B Category is a too long wait. I have to get my life started.
and as always there will also be the option of Marriage to a US Citizen.

 

What about going as a student?
Doing an MBA course in Management, and then trying to find a good (white collar) job there?

[SusieQQQ 11,587]

  On 6/24/2018 at 9:58 PM, traveller159 said:

Well my circumstance is such that,

I am a 24 year old male with a Bachelors Degree in Advertising from the University of Mumbai. (10+2+3)
Two years of professional work in sales environment (Telephonic and Retail)
That's about it. any more information required?

 

The F2B Category is a too long wait. I have to get my life started.
and as always there will also be the option of Marriage to a US Citizen.

 

What about going as a student?
Doing an MBA course in Management, and then trying to find a good (white collar) job there?

Expand  

Very high bar to overcome by showing you don’t have immigrant intent to get a student visa, given your history and the fact that your parents will be there

 

and even if you get accepted and get a student visa, any potential employer still has to offer you a job that they have to show no citizen or LPR can do to sponsor you a work visa, with something as general as mba “management” that’s unlikely.... (and I presume you already know what MBAs cost in the US? And that the more reputable ones require a number of years work experience showing progressive improvement in managerial responsibilities? And that many 3 year degrees are not considered equivalent to a US bachelor, i am not sure about your university.) 

[Jojo92122 1,924]

You are unlikely to get a work visa in advertising or sales.  

 

Hopefully, you have looked into the cost of tuition for a US MBA program.  The lack of funds usually make this unrealistic. 

 

A student visa requires you to show non-immigrant intent and a home that you will return to after finishing your program.  A desire to stay for a job is inconsistent with getting a student visa.  Additionally, your family is immigrating and it appears you would use the student visa to immigrate too because you failed to qualify as a derivative beneficiary.

 

This is being completely honest with you.  The only way for you to come to the US to live for any amount of time is either 1) a USC spouse/fiancee or LPR spouse, or 2) the F2b route when your parents immigrate.  These are the realistic routes.

 

Waiting to immigrate to the US in the F2b category does not required you to put your life on hold.  Plenty of people go on living their lives while waiting to immigrate.  You are not the first son or daughter over age 21 who could not immigrate with a parent and there will be many other people in the same situation after you. 

 

 

[CEE53147 559]

A green card via work also requires that there be no USC or LPR qualified for and desiring the job.  USC graduates in business including those with a MBA are numerous. 

 

Marriage for a green card is fraud however many - especially from countries promoting arranged marriages - do so.  It depends than on your culture and what you have to offer for the arrangement to be made.

 

Your attitude is troubling.  Life in the US is not a reason to forgo living where you are now.  After all, India has many talented individuals making their lives there. Many Indians who have worked in the US retire to India. You also sound like you are willing to do anything to get to the US; this is so sad.

Edited June 24, 2018 by CEE53147

[traveller159 0]

  On 6/24/2018 at 10:34 PM, Jojo92122 said:

You are unlikely to get a work visa in advertising or sales.  

 

Hopefully, you have looked into the cost of tuition for a US MBA program.  The lack of funds usually make this unrealistic. 

 

A student visa requires you to show non-immigrant intent and a home that you will return to after finishing your program.  A desire to stay for a job is inconsistent with getting a student visa.  Additionally, your family is immigrating and it appears you would use the student visa to immigrate too because you failed to qualify as a derivative beneficiary.

 

This is being completely honest with you.  The only way for you to come to the US to live for any amount of time is either 1) a USC spouse/fiancee or LPR spouse, or 2) the F2b route when your parents immigrate.  These are the realistic routes.

 

Waiting to immigrate to the US in the F2b category does not required you to put your life on hold.  Plenty of people go on living their lives while waiting to immigrate.  You are not the first son or daughter over age 21 who could not immigrate with a parent and there will be many other people in the same situation after you. 

 

 

Expand  

Ohh ok. So I will have to consider these options.

Thanks for all the help and advice Jojo92122, really appreciate it.

[traveller159 0]

  On 6/24/2018 at 11:10 PM, CEE53147 said:

A green card via work also requires that there be no USC or LPR qualified for and desiring the job.  USC graduates in business including those with a MBA are numerous. 

 

Marriage for a green card is fraud however many - especially from countries promoting arranged marriages - do so.  It depends than on your culture and what you have to offer for the arrangement to be made.

 

Your attitude is troubling.  Life in the US is not a reason to forgo living where you are now.  After all, India has many talented individuals making their lives there. Many Indians who have worked in the US retire to India. You also sound like you are willing to do anything to get to the US; this is so sad.

Expand  

“Life in the US is not a reason to forgo living where you are now.” No not at all. I am living my life and enjoying it, its just that I’ve held on to making long term decisions like, buying my own house, car, long term finical investments etc… because I had the thought that some time in 2018 -2019 the petition would come through and that I would have to start all over again in a new country. Its these thing that Ive held on to.

 

And I have actually met a lot of sharp, talented individuals here in Mumbai. Enjoying a lot that this city has to offer. But I want MORE. Hence my destination is New York.

 

“You also sound like you are willing to do anything to get to the US” – Yes, I’m not afraid to go after some things I want. We only get one life. Right?

 

 

“this is so sad” – Debatable – But my reasoning is that it totally depends on which side of the table you are sitting on.