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ChelleS

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Posts posted by ChelleS

  1. My dad just started a petition(F2A) for my sister (she'll be 20 next month, unmarried, and living outside the US). Because she will be turning 21 in a year, my dad is deciding to apply for US citizenship (normal processing time is around 7 months in FL) to "freeze" my sister's age (CSPA law). He's always been wanting to apply for citizenship, so I think this is such an appropriate timing. Anyway,  we received a priority date for my sister's petition of January  2020. Right now, Visa Bulletin is processing applicants with priority dates of Novermber 1, 2020 from the Philippines. It's looking like, and we pray, the petition will be current, approved, and sent to the NVC sooner than expected. I mean, we are being optimistic here, however, we are confuse as to what would happened if for example, my sister was scheduled  for the consular interview abroad and then my dad naturalize on the same week or day? Will this delay everything? Do they need to change the status? DO they go back to step 1? Who and do we notify anybody? the interviewer, the nvc, who? 

    Also, What does below 21 years old really means? Does this mean she needs to be below 21 during the approval of the petition? Is it below 21 during the consular interview? Or is it below 21 upon her arrival in the US? I know she will receive a visa after the consular interview, but will not actually receive her greencard until she gets to the US? Is this correct? I believe as soon as she get to her Port of entry, the immigration officer at the airport will stamp a greencard on her passport, correct? So going back to my question, does below 21 means, she must fly to America and receives her stamped greencard aon her passport  before she turns 21?

    And I know this is a stupid question, but she is actually a leap year baby. So when does she actually turn 21? Feb 28 or March 1. LOL

    Thank you again.

  2. I just help my dad petition today (January 10, 2020) for my sister who is turning 20 years old on Feb 29, 2020 (yes, leap year baby). I guess our dilemma is whether Dad should apply for Naturalization (which takes around 6 months to complete). According to my research, my sister's age will "freeze" by the time my dad becomes a citizen. Meaning to say, if dad receives his citizenship in July of this year, my sister's age will remain 20 year old and 5 months under the CSPA law.
    However, it does seem that dad may does not need to apply for naturalization since according to the Visa Bulletin for January 2020, F-2a (FINAL ACTION Column) is current and the f2a (dates for filling column) visa is available for applicant from Nov. 1, 2019 and earlier. Nov 2019 was only 2 months ago from today.   The chances are, our priority date will be current within 4 months. This raises the question on whether Daddy needs to Naturalize.
    We dont have priority dates yet because we just submitted the petition tonight. However, It looks like priority dates are set and sent within the first 2 weeks after submission.
    I guess my following related questions are: (SCENARIOS)
    1. If for example that we were to be provided a priority date of January 20, 2020, and then by March 1, 2020 (2 months from now), the bulletin says our priority date is "CURRENT,"  will her age be frozen at that time? Or do we have to wait for the approval date?
    2. Does priority date becoming "CURRENT"  and  " i-130 APPROVAL" happen within the same time of each other. let's say within the same month? If yes, if my sister's priority date become current in march 01, 2020, and her approval date is  March 30, 2020,  will her CSPA age remain 20 years old? 
    3. To my understanding, once a child's age "FREEZES," it doesnt matter whether her visa interview or actual flight and admission to the US happened past her 21st birthday. Is this correct? If for some reason her interview is set on March 30, 2021 (she would be over 21 by then), then she flies to the US in April 30, 2021 ( a month later), she will not be denied entry to the US, correct?

    Thank you for your help.

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