Son of permanent resident aging out?

[bca94 0]

I'm a Spanish citizen and currently 18 years of age (turned 18 last November). My mother is currently in the U.S. and may marry a U.S. citizen. Assuming that my mother gets married, adjusts status, gets through all the process of acquiring a green card etc. My question is the following:

I know that if a U.S. citizen files a green card petition for a child, even if the child turns 21 while waiting for a visa to become available he/she won't be transferred to F2B category because the filing occurred while the child was under 21 thanks to the CSPA. But what about green card holders? According to the USCIS website, it says that "If the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized." So does this mean that unless my mother becomes a U.S. citizen, if I turn 21 and my mother is still a green card holder I would have aged out? Am I correct in this?

Edited December 20, 2012 by bca94

[jkelly07 120]

hi,you may look into follow to join benefits 1-824,if your a permanent resident that left your child behine,look at the guides,you will need a copy of your 1-130, a copy of 1-797 notice of action,a copy of your alien registration card or 1-155,and proof that the child meets the appropriate criteria,if it's approved the uscis will notify the us consulate that you are now lawful permanent resident.so that your children can apply for immigrant visas. you must ask your child to report to the us consulate to complete processing,before the child turns 21 or get your us citizen sporuse to petition for your child,.

[apple21 953]

I'm a Spanish citizen and currently 18 years of age (turned 18 last November). My mother is currently in the U.S. and may marry a U.S. citizen. Assuming that my mother gets married, adjusts status, gets through all the process of acquiring a green card etc. My question is the following:

I know that if a U.S. citizen files a green card petition for a child, even if the child turns 21 while waiting for a visa to become available he/she won't be transferred to F2B category because the filing occurred while the child was under 21 thanks to the CSPA. But what about green card holders? According to the USCIS website, it says that "If the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized." So does this mean that unless my mother becomes a U.S. citizen, if I turn 21 and my mother is still a green card holder I would have aged out? Am I correct in this?

If your mom acquires her GC any time soon and file i-130 and you're under 21 years old, you will be under the F2A category with a waiting time of 2-3 YEARS.

If all happens later and you age out (turn 21) and mom is still a GC holder, yes, you will be under F2B category. Waiting time for you is 8+ YEARS.

Visa Bulletin January 2013: http://travel.state.gov/visa/bulletin/bulletin_5834.html

Edited December 20, 2012 by apple21

[bca94 0]

If your mom acquires her GC any time soon and file i-130 and you're under 21 years old, you will be under the F2A category with a waiting time of 2-3 YEARS.

If all happens later and you age out (turn 21) and mom is still a GC holder, yes, you will be under F2B category. Waiting time for you is 8+ YEARS.

Visa Bulletin January 2013: http://travel.state.gov/visa/bulletin/bulletin_5834.html

Thank you, you cleared my doubt. Knowing that from the moment you become a permanent resident it takes 5 years before you can apply to become a U.S. citizen and me being already 18, it's impossible for me to get a Green Card through my mother in just a couple of years instead of 8 unfortunately...

[apple21 953]

Thank you, you cleared my doubt. Knowing that from the moment you become a permanent resident it takes 5 years before you can apply to become a U.S. citizen and me being already 18, it's impossible for me to get a Green Card through my mother in just a couple of years instead of 8 unfortunately...

If mom marries a US citizen, she may qualify for naturalization in just 3 years of being married to the same person.

[NigeriaorBust 4,087]

When you mom gets her green card there will be a resident since date on the card. If she remains married to the same person she got the green card from at resident since date + 3 years - 90 days she can file for citizenship, however the process does take some time. It will be cutting it close.

[bca94 0]

If mom marries a US citizen, she may qualify for naturalization in just 3 years of being married to the same person.

Oh, right! It is 5 years for a non-married permanent resident but 3 for a married one, is this right?

[bca94 0]

When you mom gets her green card there will be a resident since date on the card. If she remains married to the same person she got the green card from at resident since date + 3 years - 90 days she can file for citizenship, however the process does take some time. It will be cutting it close.

Didn't saw your answer earlier. Thank you for answering. Yup, that's what I thought... There might be a possibility but it would be cutting it really close unfortunately.

[aaron2020 11,651]

I'm a Spanish citizen and currently 18 years of age (turned 18 last November). My mother is currently in the U.S. and may marry a U.S. citizen. Assuming that my mother gets married, adjusts status, gets through all the process of acquiring a green card etc. My question is the following:

I know that if a U.S. citizen files a green card petition for a child, even if the child turns 21 while waiting for a visa to become available he/she won't be transferred to F2B category because the filing occurred while the child was under 21 thanks to the CSPA. But what about green card holders? According to the USCIS website, it says that "If the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized." So does this mean that unless my mother becomes a U.S. citizen, if I turn 21 and my mother is still a green card holder I would have aged out? Am I correct in this?

Your mother is not married yet correct?

If your mother gets marry and files for you, you will age out. There is very little chance that you will not age out. It will take 8 years for you to immigrate to the US.

Here is how you can immigrate NOW!!!!! It's call the K-1/K-2 process baby!!!!!!

Your mother should not get marry and adjust her status. She returns to Spain. Her US fiancee files a I-129f to start the K-1 fiancee process. The K-1 is special in that an unmarried child of the K-1 visa holder can come to the US before age 21 and adjust.

When your mom comes on the K-1 to marry and adjust in the US, you would be able to come as a derivative K-2 of hers, adjust, and get a green card too.

This adds only one step to what your mother is already contemplating; going home to get the K-1 visa for her and the K-2 for you.

You could be living here legally in one year.

Edited December 20, 2012 by aaron2020

[IT_1 0]

I'm a Spanish citizen and currently 18 years of age (turned 18 last November). My mother is currently in the U.S. and may marry a U.S. citizen. Assuming that my mother gets married, adjusts status, gets through all the process of acquiring a green card etc. My question is the following:

I know that if a U.S. citizen files a green card petition for a child, even if the child turns 21 while waiting for a visa to become available he/she won't be transferred to F2B category because the filing occurred while the child was under 21 thanks to the CSPA. But what about green card holders? According to the USCIS website, it says that "If the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized." So does this mean that unless my mother becomes a U.S. citizen, if I turn 21 and my mother is still a green card holder I would have aged out? Am I correct in this?

If 130 approved before he/she turns 21 at that time age will be locked, I think this rule apply to LPR and also to USC kids.

[milimelo 4,486]

If 130 approved before he/she turns 21 at that time age will be locked, I think this rule apply to LPR and also to USC kids.

Not for LPR petitioning children. Only USC.

Best bet would be going the K-1/K2 visa route - son gets to come as long as he is under 21.

[NigeriaorBust 4,087]

Filing for the K1/K2 requires your mother to be separated from spouse2be for some time. If she has overstay issues this path will not work. Age does NOT lock in from I 130 petition filed by LPR's for children. CPSA comes into play, which could also save you if they take a long time approving the petition. You are too old for the new step parent to file.

Edited December 20, 2012 by NigeriaorBust

[bca94 0]

Your mother is not married yet correct?

If your mother gets marry and files for you, you will age out. There is very little chance that you will not age out. It will take 8 years for you to immigrate to the US.

Here is how you can immigrate NOW!!!!! It's call the K-1/K-2 process baby!!!!!!

Your mother should not get marry and adjust her status. She returns to Spain. Her US fiancee files a I-129f to start the K-1 fiancee process. The K-1 is special in that an unmarried child of the K-1 visa holder can come to the US before age 21 and adjust.

When your mom comes on the K-1 to marry and adjust in the US, you would be able to come as a derivative K-2 of hers, adjust, and get a green card too.

This adds only one step to what your mother is already contemplating; going home to get the K-1 visa for her and the K-2 for you.

You could be living here legally in one year.

Even though I sent you a PM saying basically the same thing, Imma write it here too so everyone else can see it.

There is one problem with what you are suggesting. It's true that the child or children of a K-1 visa holder can travel along the K-1 visa holder with a K-2 visa as long as they are under 21 years of age BUT only those K-2 visa holders who are under 18 can adjust status. Since I am under 21, I am eligible to get a K-2 visa and accompany my mother to the U.S. once she gets a K-1 visa and I get a K-2 visa but I won't be able to adjust status since I am already 18... It's really stupid if you ask me. I don't know why they let people up to 21 years of age to get K-2 visas if only those K-2 visa holders who are under 18 can adjust status once the K-1 visa holder gets married. Perhaps to be able to witness the marriage?...

Edited December 21, 2012 by bca94

[Reyan 56]

Special Considerations When Seeking Adjustment of Status as a K-2

The Section 101(b)(1) of the Immigration and Nationality Act defines a "child" as "an unmarried person under twenty-one years of age." Generally, a K-2 can seek adjustment of status as the minor child of a K-1. Therefore, if the K-2 adjusts status based on the K-1's adjustment, then the K-2 can only adjust status prior to his or her 21st birthday. Several recent developments may impact a K-2s ability to seek adjustment beyond the age of 21.

If you should attain the age of 21 years while your Form I-485 is pending, you may be covered under the Child Status Protection Act of 2002 (CSPA) (see information below).

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcf75b836ea73210VgnVCM100000082ca60aRCRD&vgnextchannel=3d7fa6c515083210VgnVCM100000082ca60aRCRD

[aaron2020 11,651]

Even though I sent you a PM saying basically the same thing, Imma write it here too so everyone else can see it.

There is one problem with what you are suggesting. It's true that the child or children of a K-1 visa holder can travel along the K-1 visa holder with a K-2 visa as long as they are under 21 years of age BUT only those K-2 visa holders who are under 18 can adjust status. Since I am under 21, I am eligible to get a K-2 visa and accompany my mother to the U.S. once she gets a K-1 visa and I get a K-2 visa but I won't be able to adjust status since I am already 18... It's really stupid if you ask me. I don't know why they let people up to 21 years of age to get K-2 visas if only those K-2 visa holders who are under 18 can adjust status once the K-1 visa holder gets married. Perhaps to be able to witness the marriage?...

You are misunderstanding the K-2 visa.

You can enter on the K-2 and adjust status with your mother as long as you enter the US before age 21. It is not age 18. You are not understanding the special rule for the K-2.

If mom gets the K1, then you can get the K-2. When you enter on the K-2, you can adjust your status to a conditional green card holder with your mom. It's okay that you are over 18. As long as you are under 21 when you enter on the K-2, you can adjust.