I-130 Critical situation due to the ageout 21 for my child

[Fayezabu 6]

Dears,

I applied for i-130 for my child on 9/29/2021 and received a letter on 10/04/2021 for USCIS opening account stating that the service center is Nebraska and other letter of NOA1 mentioning the service center is California. I Chatting Emma and asked for the live agent, and she confirmed that the case location is Nebraska,
and I am concerned that my child is in an critical situation due to the ageout of 21 years in March 2022 and he is legally present in USA on the F1 student visa.
 My question to the experts: 
- Which center will be the responsible for adjudication process the application, Nebraska or California to know processing time? 
- Is there a way I can try to ensure that the approval is obtained before March 2022 or he will protected by "CSPA" or whether requesting an expedite or any thing else to save him before his visa class change to f2b.

Thank you all and I appreciate your understand and efforts

[Chancy 6,241]

17 minutes ago, Fayezabu said:

I applied for i-130 for my child on 9/29/2021

 

Any reason why you did not file an I-130 for your child sooner?

 

[Fayezabu 6]

12 minutes ago, Chancy said:

 

Any reason why you did not file an I-130 for your child sooner?

 

I got IR-5 visa on 09/22/2021 and entered the US on 09/24/2021 after that I applied for i-130

[arken 4,197]

Your best option and hope:

File i485 for him asap and hope F2A remains current as it has been for last 2 years. In that case he will be protected whenever i130 gets approved, even if it gets approved in Nov of 2022 or Nov of 2023. 
 

In that scenario, he is protected under cspa even if he goes through consular processing and not file i485.

Edited October 21, 2021 by arken

[arken 4,197]

6 minutes ago, Fayezabu said:

I got IR-5 visa on 09/22/2021 and entered the US on 09/24/2021 after that I applied for i-130

Kudos, that's the quickest one could do, good luck.

[Fayezabu 6]

9 minutes ago, arken said:

Your best option and hope:

File i485 for him asap and hope F2A remains current as it has been for last 2 years. In that case he will be protected whenever i130 gets approved, even if it gets approved in Nov of 2022 or Nov of 2023. 
 

In that scenario, he is protected under cspa even if he goes through consular processing and not file i485.

I can submit for him i485 if I'm out of USA?

I hope that will protect him before becoming age out. I will do it and very grateful for your advice.

[arken 4,197]

48 minutes ago, Fayezabu said:

I can submit for him i485 if I'm out of USA?

I hope that will protect him before becoming age out. I will do it and very grateful for your advice.

Technically he will be sending his i485 not you but it should include your i864 and any joint sponsor's i864 and relevant documents at a minimum. Just filing i485 does not protect his from cspa, other has to happen as i said in my first response.

Edited October 21, 2021 by arken

[Fayezabu 6]

3 hours ago, Fayezabu said:

Dears,

I applied for i-130 for my child on 9/29/2021 and received a letter on 10/04/2021 for USCIS opening account stating that the service center is Nebraska and other letter of NOA1 mentioning the service center is California. I Chatting Emma and asked for the live agent, and she confirmed that the case location is Nebraska,
and I am concerned that my child is in an critical situation due to the ageout of 21 years in March 2022 and he is legally present in USA on the F1 student visa.
 My question to the experts: 
- Which center will be the responsible for adjudication process the application, Nebraska or California to know processing time? 
- Is there a way I can try to ensure that the approval is obtained before March 2022 or he will protected by "CSPA" or whether requesting an expedite or any thing else to save him before his visa class change to f2b.

Thank you all and I appreciate your understand and efforts

To know the processing time of the case, Which center is responsible for processing the application, Nebraska as confirmed by the live agent or California as per NOA1?

[Fayezabu 6]

2 hours ago, arken said:

Technically he will be sending his i485 not you but it should include your i864 and any joint sponsor's i864 and relevant documents at a minimum. Just filing i485 does not protect his from cspa, other has to happen as i said in my first response.

Much appreciated your positive thoughts thank you.

[HRQX 4,145]

7 hours ago, Fayezabu said:

I can submit for him i485

The I-485, I-765, and I-131 would be signed and submitted by him: https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-2

8 hours ago, Fayezabu said:

and he is legally present in USA on the F1 student visa.

He should file the Adjustment of Status forms ASAP: https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf "If a visa is immediately available, applicants filing under a family-based preference immigrant category do not have to wait until Form I-130 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved.

[Demise 1,263]

8 hours ago, Fayezabu said:

Dears,

I applied for i-130 for my child on 9/29/2021 and received a letter on 10/04/2021 for USCIS opening account stating that the service center is Nebraska and other letter of NOA1 mentioning the service center is California. I Chatting Emma and asked for the live agent, and she confirmed that the case location is Nebraska,
and I am concerned that my child is in an critical situation due to the ageout of 21 years in March 2022 and he is legally present in USA on the F1 student visa.
 My question to the experts: 
- Which center will be the responsible for adjudication process the application, Nebraska or California to know processing time? 
- Is there a way I can try to ensure that the approval is obtained before March 2022 or he will protected by "CSPA" or whether requesting an expedite or any thing else to save him before his visa class change to f2b.

Thank you all and I appreciate your understand and efforts

1. Probably Nebraska, but look at the receipt notice, if the number starts with LIN it's Nebraska, if it starts with WAC then it's California. SRC - Texas, EAC - Vermont Service Center, NBC - National Benefits Center in Kansas City, MO, IOE - unknown, look at the bottom of the notice which one it lists.

2. No, but CSPA will cover him in this case.

 

Finally, F2A is current right now and he's legally present in US as an F-1 student, have him file I-485 and the related forms with the I-130 receipt notice. I-130 does not have to be approved first to file for AOS in family cases.

Edited October 22, 2021 by Demise

[SusieQQQ 11,586]

8 hours ago, Fayezabu said:

I can submit for him i485 if I'm out of USA?

I hope that will protect him before becoming age out. I will do it and very grateful for your advice.

When do you plan to go back to the US? 

[Demise 1,263]

8 hours ago, Fayezabu said:

I can submit for him i485 if I'm out of USA?

I hope that will protect him before becoming age out. I will do it and very grateful for your advice.

He would be the one filing it. There's no requirement for you to be physically in US to be a petitioner. Only form that you would need to sign from his AOS packet is an I-864, which if you have no income would require a cosigner, but you can do that from abroad.

Edited October 22, 2021 by Demise

[Fayezabu 6]

43 minutes ago, Demise said:

He would be the one filing it. There's no requirement for you to be physically in US to be a petitioner. Only form that you would need to sign from his AOS packet is an I-864, which if you have no income would require a cosigner, but you can do that from abroad.

I appreciate your efforts and your full details.

54 minutes ago, HRQX said:

The I-485, I-765, and I-131 would be signed and submitted by him: https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-2

He should file the Adjustment of Status forms ASAP: https://www.uscis.gov/sites/default/files/document/forms/i-485instr.pdf "If a visa is immediately available, applicants filing under a family-based preference immigrant category do not have to wait until Form I-130 is approved to file Form I-485. If a visa is immediately available, you may file your Form I-485 together with your Form I-130, while Form I-130 is pending, or after your Form I-130 is approved.

I appreciate your efforts and your full details.

46 minutes ago, SusieQQQ said:

When do you plan to go back to the US? 

Urgent, ASAP will return back.

[arken 4,197]

9 hours ago, Demise said:

2. No, but CSPA will cover him in this case.

CSPA may or may not cover him depending on when i130 will be approved and if F2A stays current. OP can only hope F2A stays current.