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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24559
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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can I chat with you and tip you $50 for 30 minutes sessions

Customer Question

can I chat with you and tip you $50 for 30 minutes sessions with any kind of question about immigration. if agree, please provide a date and time (using texas time)
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.

Business Imm Law :

want to chat now?

Business Imm Law :

0therwise I am on every nite

Business Imm Law :

you can respond to this when you see I am online and we can take this chat back up

Customer:

ok what time are you online every nite

Customer:

time in texas please

Customer:

ok

Customer:

ok are you there

Business Imm Law :

yes

Business Imm Law :

what do you want to chat about

Customer:

I want to know about immigration law

Customer:

because I have extended family members and i'm the only one who speak English well

Business Imm Law :

ok

Business Imm Law :

ask

Customer:

so is it ok if I tip your $50 for 30 minutes with any kind of questions I want (different questions about family based immigration but can you promise to give me complete and suggestive questions

Customer:

so I can understand fully

Business Imm Law :

i will try to answer as best i can

Business Imm Law :

i hope i have all your answers

Customer:

ok, what is "age out"

Customer:

under family based immigration

Business Imm Law :

generally speaking aging out is when a child turns 21 but the child protection act has allowed certain petitions that have been filed for children to extend beyond that age

Business Imm Law :

it is a VERY complex law

Customer:

in what situation is age out apply (under family based immigration)

Customer:

can you give me an example of age out under preference category family

Customer:

visa available but the child is more than 21 (using the current age at the time visa available MINUS (approved date - priority date) right?

Customer:

if the result is less than 21, it's protected??

Business Imm Law :

i can give you the formula but to explain the entire law is far to comples

Business Imm Law :

do you want th eformula

Customer:

ok

Business Imm Law :

let me look fo rit

Business Imm Law :

There is a specific formula for determining whether a child's age is protected by the Child Status Protection Act (CSPA) and there are required dates that must be plugged into the formula. Use this formula to see if your children are still considered children under the act.


 


1. Child's Date of birth:
2. Receipt Date of Petition Filed:
3. Date the Form I-130 was approved:
4. Length of time the Form I-130 was pending: (i.e. November 15, 1995 to January 15, 1997 which is 1 year 2 months)
5. Date the petition became current (by looking at the Department of State Visa Bulletin):
6, Date the visa became available (later of #3 or #5):
7. Age of child on date visa became available: (#6 minus #1)
8. Age of child for CSPA purposes (i.e. age at time visa became available minus length of time petition was pending (#7 minus #4):



If line 8 is less then 21, then your child would still be a child under CSPA.


 


 

Business Imm Law :

Mr.Senmartin is an expert is knows most about the CSPA

Business Imm Law :

And immigration law is about to get even more complicated because the Senate is going to start to write the new immigration reform law this week

Business Imm Law :

We cannot all know everything

Business Imm Law :

there is sooooo much different parts of it

Customer:

If my family are from viet nam, and they all qualifying relatives from usa , difference preference, how can you determing the lengh of time the petition is pending? is this the same as processing time, is this the same as between filing date and approval date

Business Imm Law :

Ah

Business Imm Law :

The priority date is set as of the date the USCIS accepts the petition - the date it is filed and the fee is logged into the system

Business Imm Law :

Then it is locked

Business Imm Law :

you then look at the visa bulletin evey month to see what date that preference category is

Business Imm Law :

do you know about the visa bulletin?

Customer:

yes I do, but how can I estimate how long does it take from the date for FILING to the date it is APPROVED?

Customer:

so I can predict if child will be aged out when the visa is available

Customer:

for example is there a way to estimate when a petition is approved based on the priority date

Customer:

so these are time frame

Customer:

date you mail

Business Imm Law :

yes, the uscis has a processing time on it's website

Customer:

date uscis receive

Customer:

what option must I choose if the qualifying lives in texas

Customer:













Field OfficeAgana GUAlbany NYAlbuquerque NMAnchorage AKAtlanta GABaltimore MDBoise IDBoston MABuffalo NYCasper WYCharleston SCCharleston WVCharlotte Amalie VICharlotte NCChicago ILChristiansted VIChula Vista CACincinnati OHCleveland OHColumbus OHDallas TXDenver CODes Moines IADetroit MIDover DEEl Paso TXFort Smith ARFresno CAGreer SCHarlingen TXHartford CTHelena MTHialeah FLHonolulu HIHouston TXIndianapolis INJacksonville FLKansas City MOKendall FLLas Vegas NVLos Angeles CALouisville KYManchester NHMemphis TNMiami FLMilwaukee WIMount Laurel NJNew Orleans LANew York City NYNewark NJNorfolk VAOakland Park FLOklahoma City OKOmaha NEOrlando FLPhiladelphia PAPhoenix AZPittsburgh PAPortland MEPortland ORProvidence RIRaleigh NCReno NVRochester NYSacramento CASaint Albans VTSaint Louis MOSaint Paul MNSalt Lake City UTSan Antonio TXSan Bernardino CASan Diego CASan Francisco CASan Jose CASan Juan PRSanta Ana CASeattle WASpokane WASyracuse NYTampa FLTucson AZWashington DCWest Palm Beach FLWichita KSYakima WA
Service CenterCSC - California Service CenterNSC - Nebraska Service CenterTSC - Texas Service CenterVSC - Vermont Service Center
National Benefits Center (also known as MSC)
Customer:

what field office should I choose, what service center should I choose

Business Imm Law :

It is on the fee receipt

Business Imm Law :

The fee receipt has the three letters at the beginning of the number

Customer:

ok this is scenario, my cousin came here as F visitor, then his US citizen petiti for their parents, now her parents came here and become LPR, father files for my cousin who is on F visa who is on US? any problem?

Business Imm Law :

I'm confused

Business Imm Law :

let's forget about the cousin

Customer:

is it true that as long as her visa is not expiring on the filing date (130 LPR parent to minor), she can stay here and wait for her visa available

Business Imm Law :

let's start with the father

Business Imm Law :

is he a US citizen

Business Imm Law :

If he is just an LPR she cannot stay here to wait for her priority date

Customer:

he is just LPR, so an LPR cannot file for a F student minor in the U.S.A?

Customer:

why?

Business Imm Law :

If he is a US citizen, then as long as she is under 21 she can stay here to wait for her visa

Customer:

so the option to file for a beneficiary is only available for immediate family members

Business Imm Law :

She has to stay in F1 status until her priority date is current. Currently the Family Based F2A is 12/2010

Business Imm Law :

So it is about 2.5 years 5 months

Business Imm Law :

She has to stay in status

Customer:

what if she adjust F1 to H1B and has an additional 6 years to work in U.S.A, then can she stay here

Business Imm Law :

If he is a US citizen there is no wait

Business Imm Law :

That is good

Business Imm Law :

She just has to stay in legal status

Customer:

a priority date is current is not the same as the visa is available???

Business Imm Law :

yes it is the same

Customer:

oh I get it,

Business Imm Law :

priority date is the date the visa bulletin uses to show a visa is available

Customer:

it is not enough that she is in status at the time she is assigned a priority date, she must be in status at the time the priority date is current (same as saying the priority date is current)

Business Imm Law :

YES

Business Imm Law :

The only exception is if th epetitioner is a US citizen

Customer:

so if she came here in B visitor, out of status,

Customer:

what happen if her father filed for her unde LPR 2A, what happen if her 2A is current but she is found to be out of status

Business Imm Law :

She would have to go back home to apply for her immigrant visa

Business Imm Law :

And her departure would trigger the bar

Business Imm Law :

either 3 or 10 years

Business Imm Law :

The only exception is if the petition is

Business Imm Law :

1. spouse of us citizen


2. minor child of a us citizen


3. parent of an adult us citizen

Business Imm Law :

BUT there will be new immigraiton law passed soon

Customer:

wow, but anyone who is out of status but is qualify under immediate family member like U.S spouse, US 21 sons and daughter, or US parents will not have to worry

Business Imm Law :

1. spouse of us citizen


2. minor child of a us citizen


3. parent of an adult us citizen

Business Imm Law :

they do not have to leave

Customer:

I see, what happen if my uncle (US citizen) file for married daughter with 2 children,

Customer:

from the date he mailed out the application, when will he receive the priority date, when will he received the approve date. the daughter and children are from viet nam

Business Imm Law :

The priority date is the date the petition is in the hands of USCIS

Business Imm Law :

The approval will take maybe many years because it will take 8-10 years for the vis ato become available and ther USCIS takes that as low priority in making a decision. They work on cases that have immediate or close priority dates first

Customer:

I will tip you an additional $50 if we can chat for an additional 30 minutes, can you extend?

Business Imm Law :

Oh sure

Business Imm Law :

I really admire your help for your family

Business Imm Law :

I see so many of your questions and I thought you were a lawyer trying to learn

Business Imm Law :

You are very smart

Customer:

we are poor and cannot afford attorney so I wan to learn about immigration law to help them

Customer:

thank you

Customer:

i'm a MIS

Business Imm Law :

???

Business Imm Law :

My adopted family is Vietnamese

Customer:

management information system

Customer:

oh wow

Business Imm Law :

ahhhhh

Customer:

that's great

Customer:

:-)

Business Imm Law :

My godchildren

Customer:

oh that's wonderful

Business Imm Law :

Yes,they cook for me!!!!!!!

Customer:

you're so lucky

Business Imm Law :

lol

Business Imm Law :

indeed

Customer:

sometimes I receive answers from this but since the attorney very specific the question , I cannot explore difference options or alert from the answer so can you help to alert me about certain course of actions

Business Imm Law :

i can try but need more info

Customer:

my cousin have parents and 15 sister, he wants to petite for his parents but he is not sure whether he should let his sister came here as a student visa first, then file 130 for his parents to give his parents the options to file as an LPR to minor so she can go to school here and adjust from F to LPR?

Customer:

what is the risk of doing that?

Customer:

or better to petite for parents, then let parents petite for her, and let her wait in viet nam for 2 and 1/2 years

Business Imm Law :

sorry my doggie needed a treat

Business Imm Law :

YES

Customer:

no problem

Business Imm Law :

He should bring his sister her first BEFORE he files the petition for his parents.

Business Imm Law :

The child has to show her ties to vietnam and if the parents are going to be leaving they will not let the child come

Business Imm Law :

The problemis that in HS have a hard time finding public school with ability to issue F1

Customer:

thanks so as long as:

Customer:

I guess the rule of thumb, except for immediate family member, the rest should not stay for out of status. they need to be in status, (any kind of status is fine as though they jump from one status and adjust to another??)

Customer:

another questions

Business Imm Law :

CORRECT

Customer:

how comes some is issued a 10 years green card while other issued a conditional 2 years

Customer:

who will receive condition 2 years and who will receive 10 years green card upon entry

Business Imm Law :

2 years if usually for spouse if married under 2 years when they get the visa

Customer:

how about all other immediate and other preference, what kind of green cards?

Business Imm Law :

so if marrie din vietnam for less than 2 years and get immigrant visa it is only 2 years

Business Imm Law :

if married for 5 years and get immigrant visa they get 10 years

Customer:

what about parent of 21 or more US citizen? or unmarried and under 21 children of US parents ?

Customer:

and all those people in 2 , 3, 4, whether in us or consular processing, will they be issued 2 or 10 yrs green card?

Business Imm Law :

That is a long wait

Business Imm Law :

Oh

Business Imm Law :

they will get 10 year

Business Imm Law :

only spouse is 2 years

Customer:

last question for today

Customer:

my aunt is U.S citizen who is sponsor for married son who have minor children. she is about to die. she wants her US citizen to take over, but can US daughter use the priority date from Mom to save time, any suggest course of action

Business Imm Law :

No the US citizen daughter cannot substitute the mother's priority date

Business Imm Law :

In very rare instances there can be a sbustitution of sponsor

Customer:

I just wonder if the petitioner died or withdraw or lost their status, what happened to the beneficiary

Business Imm Law :

That is where the USCIS revokes the petition and then on humanitarian grounds substitutes the other US citizen

Business Imm Law :

Do you want the link on that

Customer:

sure thank you

Customer:

substitute for what other US citizen? can you give me sample, can the substitute be sister US citizen or it must be a father US citizen?

Business Imm Law :

The USC daughter is substituted for the mother for the sponsor

Customer:

you mean substitute but cannot use the priority date, why would US daughter wants to do that, is there an advantage to do that instead of just filing a new application as US sister to sibling

Business Imm Law :

correct cannot use the priority date

Business Imm Law :

but they can use the deceased mother's priority date

Business Imm Law :

but the daughter gives the I-864

Business Imm Law :

affidavit of support

Business Imm Law :

and USCIS allows the mother's petition to stand for humanitarian reasons

Customer:

can we clariy again, let say US mother visa will be available in 5 years, if she died in two years, what now?

Customer:

when can the married beneficiary come here

Business Imm Law :

Is the petition approved

Business Imm Law :

The petition has to be approved before th emother dies

Business Imm Law :

then the daughter in US can ask for the subsitution

Business Imm Law :

the priority date is th eone of the mother

Customer:

so the beneficiary can come here in 5 years (exactly as the availbale date under her mom?)

Business Imm Law :

yes, if USCIS approves the substitution

Business Imm Law :

for humantarian reasons

Business Imm Law :

for example all the family is here

Customer:

I see, so beneficiary will not wait any longer if sister is substituted. But the sister need to first be approved from USCIS on the ground of humanity

Business Imm Law :

YES

Customer:

how difficult is it to get is approve? what is the chance?

Business Imm Law :

you are so smart

Business Imm Law :

not easy

Customer:

thanks you will tip you $100. see you next time

Business Imm Law :

50/50

Business Imm Law :

depends on the hardship if the one last family member is left behind

Business Imm Law :

OK

Customer:

can you please check to see how I can verify different "processing dates" for different types for family based . I need to now to calculate if children will be aged out. it is not possible to calculate the age out if I cannot predict the processing date

Business Imm Law :

but if it is Child Status Protection Act CSPA questions direct them to Mr. Senmartin

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24559
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


can you invite me to chat room


 

Expert:  Judith replied 1 year ago.

The chat is closed for this thread

Judith

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