Filing for son (again) - close to be 21 Years

[Deagle 508]

Hello everyone,

 

I have couple of questions about the situation below and I am hoping to find some answers:

 

Parents who are in the US now as PR since July 2023, wanting to bring their son who just turned 19. The mother has filed I130 petition for him in August 2023.

 

• Can the father file another I-130 for the same son (in case something happened to his mom) while the 1st I-130 is still pending? Any negative/positive consequences?
• Should the son get the visa before he turns 21 to be in the same category, or he is considered in the "under 21" category at the date of when the I-130 is filed/approved?
• The son now is in a country where a war is very possible (Lebanon) and the US department of state issued a "Do Not Travel" notice. He already suffers from anxiety disorder and what is going on making things worse. Are these enough reasons to request an expedite since the son is there by himself?
• Is there a way to get a reasonable estimate of how long will this process take?

 

Thank you and good luck for everyone

[Boiler 45,493]

Yes

 

Currently there is a 4 year or so wait for PD, CSPA will apply so impossible to say if he will age out or not.

 

Nothing currently to expedite

 

He has a chance of a F2a but really guessing here.

 

 

[Deagle 508]

Just now, Boiler said:

Yes

 

Currently there is a 4 year or so wait for PD, CSPA will apply so impossible to say if he will age out or not.

 

Nothing currently to expedite

 

He has a chance of a F2a but really guessing here.

 

 

 

Who determines the F2A option and at what point? I assume after the I-130 is approved?

Regarding the CSPA - I am reading about it but still not understanding how it works. It there a simplified explanation?

Will there be an issue if the father files another I-130 for the son?

 

Thank you

[Boiler 45,493]

When his case is due in say 4 years he can deduct the time it took for the I 130 to be processed to see if he is still under 21.

 

Father and anybody else eligible can petition him

[Deagle 508]

Just now, Boiler said:

When his case is due in say 4 years he can deduct the time it took for the I 130 to be processed to see if he is still under 21.

 

Father and anybody else eligible can petition him

So the due date starts after the I-130 is approved? His case case will be "due" for what, an interview? If for example a such case was approved in November 1st 2023, the "due date" will be in 4 years? Sorry for the questions but I am trying to understand.

[Boiler 45,493]

I 130 has a priority date

 

When that PD is current then you can work out the adjusted age to see if he will be in F2a or F2b

Edited October 22, 2023 by Boiler

[Aluvaboy 66]

CSPA is not applicable in this case in my opinion. The parents are already in USA and the child already has a petition filed by his mother. Now the category is F2A which possibly could become F2B in two years. CSPA only applies to derivative beneficiaries. 

[jan22 3,053]

19 minutes ago, Aluvaboy said:

CSPA is not applicable in this case in my opinion. The parents are already in USA and the child already has a petition filed by his mother. Now the category is F2A which possibly could become F2B in two years. CSPA only applies to derivative beneficiaries. 

This is not true.  CSPA is applicable to F2A children when their LPR parents petition for them, not just derivatives.