LPR soon to be USC and a pending I-130

[xdr 0]

Hello, I am seeking clarification on my situation.

I am 22 years old, never married. My mother is a LPR, soon to be USC (filing in a couple of months). I have a I-130 at CSC sponsored by my mother with a priority date of December, 2005. At the time of the filing I was 20 years old. I am not in the country.

From doing a bit of reading, my understanding of the age situation is that I am classified as a child due to filing/the priority date being given out before I reached 21. - Correct?

My mother will be a USC - it is also my understanding that I can be moved up into the unlimited category. - Correct?

If the above is correct, my following questions are:

Will I see any issues with the age thing when moving categories?

If all looks good, what kind of processing time am I looking at?

Any and all advice is greatly appreciated - thank you in advance.

[Kez/JWolf 6]

Once your mother becomes a Citizen she can have the I-130 upgraded to 1st category, this still has limits and it depends where you are from as to the priority date.....

As you are now over 21 you can not be classed as a child and therefore a visa number is not immediately available to you....

see here for priority dates

http://travel.state.gov/visa/frvi/bulletin...letin_3258.html

Kez

[john_and_marlene 162]

Also, depending on where you are from, it can take longer once your mother becomes a citizen. For Mexico, the priority date for 2B is a little over a year sooner than 1st priority. For the Philippines, the priority date for 2B is about 4 years sooner than 1st preference. For all other locations, 1st priority is sooner than 2B.

[xdr 0]

I am from Russia and I was under the impression that my priority date was locked in because the filing occurred before I was 21?

Guess I got some reading to do...

[jennybirgitta 0]

There is a law called CSPA, Child Status Protection Act that would appy to you. It's a bit tricky because it deals with the time the petition is pending, not the time you have to wait for a visa to become available. At least that's how I understand it. It also deals with the effect of not upgrading the petition when your mother naturalizes. You might want to research it, here's a link to start with:

http://immigration.about.com/library/weekly/aa092002b.htm

Hello, I am seeking clarification on my situation.

I am 22 years old, never married. My mother is a LPR, soon to be USC (filing in a couple of months). I have a I-130 at CSC sponsored by my mother with a priority date of December, 2005. At the time of the filing I was 20 years old. I am not in the country.

From doing a bit of reading, my understanding of the age situation is that I am classified as a child due to filing/the priority date being given out before I reached 21. - Correct?

My mother will be a USC - it is also my understanding that I can be moved up into the unlimited category. - Correct?

If the above is correct, my following questions are:

Will I see any issues with the age thing when moving categories?

If all looks good, what kind of processing time am I looking at?

Any and all advice is greatly appreciated - thank you in advance.

[xdr 0]

There is a law called CSPA, Child Status Protection Act that would appy to you. It's a bit tricky because it deals with the time the petition is pending, not the time you have to wait for a visa to become available. At least that's how I understand it. It also deals with the effect of not upgrading the petition when your mother naturalizes. You might want to research it, here's a link to start with:

http://immigration.about.com/library/weekly/aa092002b.htm

Yep, I found quite a bit of info on that reading through it all now, thanks.

[xdr 0]

So after doing quite a bit of reading I believe I have figured this thing out...

Currently I am classified as a child of an LPR, category F2A. If my mother naturalizes I become F1, under the CSPA I can choose to opt out and stay in F2A. Because I am over 21 when she naturalizes I am ineligible for IR3.

Please correct me if I'm wrong...

[jennybirgitta 0]

Yes, this is how I understand it too. But what complicates it even more is that the CSPA deals with the time the petition is pending, not when a visa number becomes available. The delays in I-130 processing actually benefits children in cases like this, read about it here: http://www.murthy.com/news/n_delays.html

If you choose to use the CSPA after your mothers naturalizes your age will be locked in at your age at the time of her naturalization. As of now, the fastest route is to stay as F2A. Bit this can change so keep a close eye on the visa bulletin.

So after doing quite a bit of reading I believe I have figured this thing out...

Currently I am classified as a child of an LPR, category F2A. If my mother naturalizes I become F1, under the CSPA I can choose to opt out and stay in F2A. Because I am over 21 when she naturalizes I am ineligible for IR3.

Please correct me if I'm wrong...