Bringing My 20 Year Old Son

[CaCaCa 0]

Hello. I am a Green Card Holder (LPR) and my unmarried son is 20 turning 21 in May. I want to bring him to the US.

If I apply for him now, would he always be under the F2A category or would he change categories once he turns 21 as the I-30 is pending?

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to Bringing Family of LPR forum -- petitioner-to-be is an LPR ***

 

On 10/31/2023 at 12:07 PM, CaCaCa said:

I am a Green Card Holder (LPR) and my unmarried son is 20 turning 21 in May.

 

How did you acquire LPR status?  If through marriage to a USC and you married before your son turned 18, IR2 visa process might be an option.

 

[CaCaCa 0]

2 minutes ago, Chancy said:

*** Moved from Bringing Family of USC forum to Bringing Family of LPR forum -- petitioner-to-be is an LPR ***

 

 

How did you acquire LPR status?  If through marriage to a USC and you married before your son turned 18, IR2 visa process might be an option.

 

Through my daughter, who's a citizen.

[Chancy 6,241]

2 minutes ago, CaCaCa said:

Through my daughter, who's a citizen.

 

Are you eligible to file for naturalization soon?

 

As an LPR, if you petition your son now, his case will likely change to F2B before his case Priority Date becomes current on the visa bulletin.  There's a very slight chance that his case will remain F2A with CSPA protection, but I wouldn't bet on it.

 

[CaCaCa 0]

2 minutes ago, Chancy said:

 

Are you eligible to file for naturalization soon?

 

As an LPR, if you petition your son now, his case will likely change to F2B before his case Priority Date becomes current on the visa bulletin.  There's a very slight chance that his case will remain F2A with CSPA protection, but I wouldn't bet on it.

 

So it's all about getting a current priority date before his 21st birthday? How does CSPA protection work?

[Chancy 6,241]

1 minute ago, CaCaCa said:

So it's all about getting a current priority date before his 21st birthday? How does CSPA protection work?

 

Aside from filing the petition as soon as possible, getting the PD to be current is out of your control.  For cases with LPR petitioner, key to having more CSPA protection is having longer I-130 adjudication time -- ie, the longer it takes for the I-130 to be approved, the more CSPA protection for beneficiaries.  But then, I-130 adjudication time is also not something you can control.  More info on CSPA here (check under the section for "CSPA for Family and Employment Preference") -- https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

 

[Boiler 45,516]

I suppose it is theoretically possible for F2a to apply but it would be a very weird combination of circumstance for that to happen.

 

Much much more likely is that you are looking at F2b

 

All you can do is file asap.