I130 for minor children of LPR

[twinboys 0]

Submitted I130 on 8-1/2018 received NOA on 8-10/18 . Priority date is 8-1/2018 for minor child of LPR. Is it a good news? How long does it take to get approval? Son is 19 yrs old and will be 20 yrs old on Oct 2018. letter shows USCIS Alien No: what does it mean? pls advise. Tnx

[aleful 1,905]

hi

 

nothing, if you got a letter, that's just the receipt, the approval is taking over a year, it can take a year and a half for the i130 to be approved

 

he might not make it and immigration might change his category from F2A to F2B if he is over 21

 

 

 

 

Edited August 11, 2018 by aleful

[twinboys 0]

WILWil he be protected by CSPA?  

[aleful 1,905]

hi

 

it depends on what stage the process he is in. if the case hasn't been approved and he turns 21, they will change it to F2B

 

if he is at the nvc stage and you are paying the forms as a minor and he turns 21, the officer at the consulate might keep his category as an F2A

 

 

[twinboys 0]

OK TNX 

[twinboys 0]

What if the I-130 gets approved in 6 months. Will he be protected by CSPA? Pls advise.

[SusieQQQ 11,586]

11 minutes ago, twinboys said:

What if the I-130 gets approved in 6 months. Will he be protected by CSPA? Pls advise.

You need his exact date of birth, priority date, approval date and then the date the priority date becomes current to be able to answer whether or not someone is protected by CSPA, so no one can tell you now. Look up a CSPA calculator online and you can do some playing around with dates to see what will work and what won’t.  

 

With about 2 years to process F2A and priority date just a couple of months before son turns 20 it looks very tight to me. Looks to me (without knowing exact dates) like you need them to not approve before about June next year for your son to be ok under CSPA.

Edited August 11, 2018 by SusieQQQ

[SusieQQQ 11,586]

11 hours ago, aleful said:

 

if he is at the nvc stage and you are paying the forms as a minor and he turns 21, the officer at the consulate might keep his category as an F2A

 

 

I never heard anyone say this before, does the CO have this kind of discretion? I was under the impression the CSPA rules are always applied in determining category according to age.

Edited August 11, 2018 by SusieQQQ

[NigeriaorBust 4,087]

 Once the date becomes current , if he is till under 21 you can request an expedite due to pending age out.  But you can't do anything until the date is current.  

[twinboys 0]

PRIOrity Date is aug 1, 2018. Where can i check the processing time? We live in Florida. 

[aleful 1,905]

hi

 

check the processing times at the service center that appears on your noa

 

 

[igrant 28]

On 8/10/2018 at 8:31 PM, twinboys said:

Submitted I130 on 8-1/2018 received NOA on 8-10/18 . Priority date is 8-1/2018 for minor child of LPR. Is it a good news? How long does it take to get approval? Son is 19 yrs old and will be 20 yrs old on Oct 2018. letter shows USCIS Alien No: what does it mean? pls advise. Tnx

My mother has the same situation. Applied for my 19yo brother as an LPR last year and when we called USCIS asking "what will happen if he becomes 21 before his application gets approved" the USCIS agent told us he will be fine as they consider the age of a child at the time of 1-130 filing.  If you haven't still called USCIS about this mater I would suggest to call them and make sure about it for yourself.

[Jojo92122 1,924]

On 8/10/2018 at 6:31 PM, twinboys said:

Submitted I130 on 8-1/2018 received NOA on 8-10/18 . Priority date is 8-1/2018 for minor child of LPR. Is it a good news? How long does it take to get approval? Son is 19 yrs old and will be 20 yrs old on Oct 2018. letter shows USCIS Alien No: what does it mean? pls advise. Tnx

It's good news that they received the petition.  It does not prevent your son from aging out.

 

Hopefully, it will take a long time to get your son's petition approved.  The longer it takes USCIS to approve the I-130, the more CSPA protection he has.  No one can tell you how long.  It seems the current time for approval is about 12-18 months.  

The NOA1 only means that the I-130 for your son has been received and that his place in line is his Priority Date.  

On 8/10/2018 at 8:13 PM, twinboys said:

WILWil he be protected by CSPA?  

No one can till you if he will be protected by CSPA.   The US Government will long calculate if he qualifies for CSPA when his PD becomes current in the F2a category.  There is absolutely no way for you to figure out if CSPA will protect him now.  Once his I-130 is approved, then you can determine how much time extra he has after turning 21 years old and still be able to benefit from CSPA.  

 

On 8/11/2018 at 7:30 AM, twinboys said:

What if the I-130 gets approved in 6 months. Will he be protected by CSPA? Pls advise.

He would get 6 months of CSPA protection after age 21.  6 months to get I-130 approval = 6 months extra after turning 21.  He would age out if his real age was more than 21 years and 6 months AND his PD is not current.  That's all you can figure out after getting the approval letter.  Then you have to wait and hope for his PD to be current.

 

What you want is 1.  Long time for I-130 approval since it protects your child more.  2.  Once you get the approval letter, you can figure out how much protection and pray that the PD quickly becomes current.  

[Jojo92122 1,924]

38 minutes ago, igrant said:

My mother has the same situation. Applied for my 19yo brother as an LPR last year and when we called USCIS asking "what will happen if he becomes 21 before his application gets approved" the USCIS agent told us he will be fine as they consider the age of a child at the time of 1-130 filing.  If you haven't still called USCIS about this mater I would suggest to call them and make sure about it for yourself.

Absolutely wrong. 

The USCIS Information Line is often wrong.  

 

CSPA does not freeze the age of a child when the an LPR parents files for a child.  CSPA freezes the age of the child of an LPR petitioner when the PD becomes current.  

 

Suggests you read this: https://www.uscis.gov/archive/archive-news/questions-and-answers-uscis-issues-revised-guidance-applicability-child-status-protection-act-cspa

[igrant 28]

19 hours ago, Jojo92122 said:

Absolutely wrong. 

The USCIS Information Line is often wrong.  

 

You are correct regarding the USCIS info line being often wrong. I had a few other cases where they gave unreliable/incorrect info over the phone. They need to be trained appropriately.