PETITION OF CHILD UNDER 21 BY US CITIZEN PARENT.

[aaron2020 11,651]

There is either some miscommunication or your lawyer isn't well versed in the CSPA.

 

If your son was under age 21 when his father became a US citizen, then CSPA automatically freezes his age on that date.  A lawyer should know this.  

[aaron2020 11,651]

5 minutes ago, AftM89 said:

I filed for my son feb 2018 and he is here already for more than 6 months and your case is outside of normal processing time in feb 2019 I was already at NVC so you need to call them and find out what’s going on

OP said father was an LPR when the case was filed.  Later he became a US citizen.  A little bit different from your case.  You are correct that after upgrading the case, it should take over a year for an approval.  OP needs to get her lawyer to rattle a few cages to get the case moving or get a new lawyer who can do it. 

Edited November 6, 2019 by aaron2020

[Jing espinosa 0]

1 hour ago, geowrian said:

USCIS doesn't really care about their age at this point. They will just adjudicate the petition itself.

Once the I-130 is approved and sent to NVC, then NVC will evaluate what visa category they fall into. Since the child was under 21 when the petitioner became a US citizen, their age is automatically frozen. So long as they seek to acquire the visa (basically once they start the actual visa process) within 1 year from when the I-130 is approved, CSPA will protect them.

Got my glasses now sorry for the upper case. Anyway thank you so much if that’s the case. My lawyer is just so tight when I answer questions. He isn’t that helpful and assuring. So i i can sleep now bec I am so scared of what my lawyer have said when I asked him about the age up. He said AS FAR AS WE KNOW, IT WAS APPROVED.” So I asked him for the confirmation letter but he said the uscis didn’t give one. I think he is not really good at explaining like you. 

[Jing espinosa 0]

1 hour ago, aaron2020 said:

There is either some miscommunication or your lawyer isn't well versed in the CSPA.

 

If your son was under age 21 when his father became a US citizen, then CSPA automatically freezes his age on that date.  A lawyer should know this.  

 

1 hour ago, aaron2020 said:

There is either some miscommunication or your lawyer isn't well versed in the CSPA.

 

If your son was under age 21 when his father became a US citizen, then CSPA automatically freezes his age on that date.  A lawyer should know this.  

Yes I think he is not really into explaining things or he is not really very familiar with the cspa. And also, I asked him to follow up bec I believe that it is already outside the timeline and he said he did and we need to wait till nov 30. Meaning he only followed it up when I told him to. So I’ll give him until nov to work on it otherwise. Thank you so so much for all your help.

[Jing espinosa 0]

1 hour ago, aaron2020 said:

OP said father was an LPR when the case was filed.  Later he became a US citizen.  A little bit different from your case.  You are correct that after upgrading the case, it should take over a year for an approval.  OP needs to get her lawyer to rattle a few cages to get the case moving or get a new lawyer who can do it. 

Hi Aaron, yes husband was LPR when my son was petitioned but after 3 months we upgraded his status and in August they emailed us that they received the request and now my son fell under IR category bec he was still under 21 that time. So o have spoken to my lawyer and asked him what’s going on. By the way the status last feb of 2019 says, After thoroughly or primarily screening your documents, as a protocol we have transferred your documents to NBC and they have the authority to decide or ask any additional docs if needed. So the lawyer said it is already for approval. It means they had been reviewing it from feb up to now. So is is 9 months of waiting is outside the processing time for approval alone?

 

thabk you so much for helping

[aaron2020 11,651]

11 minutes ago, Jing espinosa said:

Got my glasses now sorry for the upper case. Anyway thank you so much if that’s the case. My lawyer is just so tight when I answer questions. He isn’t that helpful and assuring. So i i can sleep now bec I am so scared of what my lawyer have said when I asked him about the age up. He said AS FAR AS WE KNOW, IT WAS APPROVED.” So I asked him for the confirmation letter but he said the uscis didn’t give one. I think he is not really good at explaining like you. 

USCIS does not give confirmation letters about CSPA.  

[Jing espinosa 0]

1 hour ago, geowrian said:

Your I-130 is not approved yet, so it is still with USCIS (at NBC now). It's just a waiting game at this point.

 

CSPA should preserve their eligibility category so they won't age out.

Oh 😞 it’s been 9 months since it’s there and my lawyer said it’s been delayed lately. I guess I am going to ask for my congressman’s help. Thank you so much

2 minutes ago, aaron2020 said:

USCIS does not give confirmation letters about CSPA.  

Oh ok so my lawyer was right. Thank you so much

[SusieQQQ 11,587]

1 hour ago, Jing espinosa said:

. My lawyer is just so tight when I answer questions. He isn’t that helpful and assuring. 

Unless he’s doing this for free, get a new lawyer.

[Jing espinosa 0]

On 11/6/2019 at 3:57 PM, SusieQQQ said:

Unless he’s doing this for free, get a new lawyer.

I’ll give him till nov.30 since the uscis said expect answer on nov 30. Thank you much

[retheem 568]

On ‎11‎/‎13‎/‎2019 at 2:29 AM, Jing espinosa said:

I’ll give him till nov.30 since the uscis said expect answer on nov 30. Thank you much

I would tell you to be proactive here because lawyers can mess you up if not careful

[Jing espinosa 0]

11 hours ago, retheem said:

I would tell you to be proactive here because lawyers can mess you up if not careful

Thank you so much. I am waiting till the uscis comes back to his inquiry.