Immigration Law Questions? Ask an Immigration Lawyer.
want to chat now?
0therwise I am on every nite
you can respond to this when you see I am online and we can take this chat back up
ok what time are you online every nite
time in texas please
ok are you there
what do you want to chat about
I want to know about immigration law
because I have extended family members and i'm the only one who speak English well
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
so I can understand fully
i will try to answer as best i can
i hope i have all your answers
ok, what is "age out"
under family based immigration
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
it is a VERY complex law
in what situation is age out apply (under family based immigration)
can you give me an example of age out under preference category family
visa available but the child is more than 21 (using the current age at the time visa available MINUS (approved date - priority date) right?
if the result is less than 21, it's protected??
i can give you the formula but to explain the entire law is far to comples
do you want th eformula
let me look fo rit
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.
Mr.Senmartin is an expert is knows most about the CSPA
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
We cannot all know everything
there is sooooo much different parts of it
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
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
Then it is locked
you then look at the visa bulletin evey month to see what date that preference category is
do you know about the visa bulletin?
yes I do, but how can I estimate how long does it take from the date for FILING to the date it is APPROVED?
so I can predict if child will be aged out when the visa is available
for example is there a way to estimate when a petition is approved based on the priority date
so these are time frame
date you mail
yes, the uscis has a processing time on it's website
date uscis receive
what option must I choose if the qualifying lives in texas
what field office should I choose, what service center should I choose
It is on the fee receipt
The fee receipt has the three letters at the beginning of the number
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?
let's forget about the cousin
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
let's start with the father
is he a US citizen
If he is just an LPR she cannot stay here to wait for her priority date
he is just LPR, so an LPR cannot file for a F student minor in the U.S.A?
If he is a US citizen, then as long as she is under 21 she can stay here to wait for her visa
so the option to file for a beneficiary is only available for immediate family members
She has to stay in F1 status until her priority date is current. Currently the Family Based F2A is 12/2010
So it is about 2.5 years 5 months
She has to stay in status
what if she adjust F1 to H1B and has an additional 6 years to work in U.S.A, then can she stay here
If he is a US citizen there is no wait
That is good
She just has to stay in legal status
a priority date is current is not the same as the visa is available???
yes it is the same
oh I get it,
priority date is the date the visa bulletin uses to show a visa is available
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)
The only exception is if th epetitioner is a US citizen
so if she came here in B visitor, out of status,
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
She would have to go back home to apply for her immigrant visa
And her departure would trigger the bar
either 3 or 10 years
The only exception is if the petition is
1. spouse of us citizen
2. minor child of a us citizen
3. parent of an adult us citizen
BUT there will be new immigraiton law passed soon
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
they do not have to leave
I see, what happen if my uncle (US citizen) file for married daughter with 2 children,
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
The priority date is the date the petition is in the hands of USCIS
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
I will tip you an additional $50 if we can chat for an additional 30 minutes, can you extend?
I really admire your help for your family
I see so many of your questions and I thought you were a lawyer trying to learn
You are very smart
we are poor and cannot afford attorney so I wan to learn about immigration law to help them
i'm a MIS
My adopted family is Vietnamese
management information system
oh that's wonderful
Yes,they cook for me!!!!!!!
you're so lucky
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
i can try but need more info
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?
what is the risk of doing that?
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
sorry my doggie needed a treat
He should bring his sister her first BEFORE he files the petition for his parents.
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
The problemis that in HS have a hard time finding public school with ability to issue F1
thanks so as long as:
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??)
how comes some is issued a 10 years green card while other issued a conditional 2 years
who will receive condition 2 years and who will receive 10 years green card upon entry
2 years if usually for spouse if married under 2 years when they get the visa
how about all other immediate and other preference, what kind of green cards?
so if marrie din vietnam for less than 2 years and get immigrant visa it is only 2 years
if married for 5 years and get immigrant visa they get 10 years
what about parent of 21 or more US citizen? or unmarried and under 21 children of US parents ?
and all those people in 2 , 3, 4, whether in us or consular processing, will they be issued 2 or 10 yrs green card?
That is a long wait
they will get 10 year
only spouse is 2 years
last question for today
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
No the US citizen daughter cannot substitute the mother's priority date
In very rare instances there can be a sbustitution of sponsor
I just wonder if the petitioner died or withdraw or lost their status, what happened to the beneficiary
That is where the USCIS revokes the petition and then on humanitarian grounds substitutes the other US citizen
Do you want the link on that
sure thank you
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?
The USC daughter is substituted for the mother for the sponsor
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
correct cannot use the priority date
but they can use the deceased mother's priority date
but the daughter gives the I-864
affidavit of support
and USCIS allows the mother's petition to stand for humanitarian reasons
can we clariy again, let say US mother visa will be available in 5 years, if she died in two years, what now?
when can the married beneficiary come here
Is the petition approved
The petition has to be approved before th emother dies
then the daughter in US can ask for the subsitution
the priority date is th eone of the mother
so the beneficiary can come here in 5 years (exactly as the availbale date under her mom?)
yes, if USCIS approves the substitution
for humantarian reasons
for example all the family is here
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
how difficult is it to get is approve? what is the chance?
you are so smart
thanks you will tip you $100. see you next time
depends on the hardship if the one last family member is left behind
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
but if it is Child Status Protection Act CSPA questions direct them to Mr. Senmartin
can you invite me to chat room
The chat is closed for this thread
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