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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105582
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My son is from waiting to schedule an interview and his case

Customer Question

my son is from waiting to schedule an interview and his case is F2A, next month he will turn 21. I wonder if it will change to F2B
JA: Have you talked to a lawyer yet?
Customer: thank u
JA: Anything else you think the lawyer should know?
Customer: i wonder what would happen to my son case right now? will the case change to F2B even though he is schedule to wait for an interview
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

When did you file the I-130? When was the I-130 approved? What country was he born in?

Customer: replied 3 months ago.
we file the I130 in april 23 2015
their priority date is april 24 2015
Customer: replied 3 months ago.
he is from Vietnam
Customer: replied 3 months ago.
the I130 approved in November 12, 2015
Customer: replied 3 months ago.
i am an Lawful permanent resident on green card
Customer: replied 3 months ago.
his date of birth is September 17, 1995. next month he will turn 21
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Ok. So it took about 6 and a half months or so to get the approval from USCIS, is that about correct?

Customer: replied 3 months ago.
Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Ok. He will be covered to stay in F2A until 21 and 6 months and about 20 days which is how long USCIS took to approve the I-130. That's how the Child Status Protection Act works. IF the date on the Visa Bulletin reaches or passes April 23, 2015 in F2A category BEFORE he turns 21, 6 months and 20 days old, then he is safe! If the date on the Visa Bulletin does not reach or pass April 24, 2015 before he turns 21, 6 months and 20 days old, then he ages out and would fall into the F2B category and would have to wait a few more years to immigrate. Unfortunately, there is othing that you can do to effect that unless you can become a U.S. Citizen before he turns 21. If not, then you have to wait and hope. Check the following link every few weeks to see how those dates are moving:

https://travel.state.gov/content/visas/en/law-and-policy/bulletin.html

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 3 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!