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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108629
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I turned 21 last Feb 23 2013. My mom who is a green card holder

Customer Question

I turned 21 last Feb 23 2013. My mom who is a green card holder petitioned me in Feb 06, 2012. In my receipt, it says my priority date is Feb 06, 2012. What is going to happen to my petition?
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


Did your mother just become an LPR? Why did she take so long to petition for you?

Are you outside or inside of the U.S.? How did you enter?

In what status are you if you are in the U.S.?

And what country are you from?
Customer: replied 4 years ago.

My mom became an LPR through my sister's petition and she came to the US in Nov 2011. She petitioned me (20 yrs old then) and my other sister (16 yrs old) in February 06 2012. So that is 2 months after getting to the US when she filed the petition for us. My sister already got her visa approved but mine doesn't show up anywhere when I check the status.


 


I am outside the US right now, in the Philippines.


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
Unfortunately, I do not have good news for you. The Child Status Protection Act will only protect you after 21 for the time the USCIS takes to approve the I-130. So if, for example, they take 183 days to approve, you would be protected until you are 21 and 183 days old. Since it will take about 2 to 3 years for an I-130 in the F2A category to process, you will most likely age out. This means that you will go from category F2A to category F2B. The dates in F2B are in 2002. So only I-130s filed on or before the listed date in 2002 can now be used to immigrate. So basically, when you age out (if you haven't already), you will have about an 11 year wait before you can come back to the U.S. I am truly sorry. I wish I had better news for you. You can see the dates here:

http://travel.state.gov/visa/bulletin/bulletin_5953.html


Again, I am truly sorry, but there is nothing you can do to speed up those dates. They are waiting lines of people that have applied before you and nothing in the law allows for anyone to jump ahead of anyone else, not even in an emergency.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 4 years ago.

OK, so how do I know if I aged out?

Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
You will. I don't think there will be any doubt of that. There are two dates you have to look for:

1) The time that it takes for USCIS to approve the I-130. The longer it takes, the better for you.

2) The date that your Priority Date becomes current. The faster that comes, the better it is for you.

So when the Priority Date becomes current, you take your age at that time and subtract the time USCIS took to approve the I-130. If your adjusted age is less than 21, you are protected. If the adjusted age is over 21, you are not protected.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 4 years ago.
Ok sounds good. I guess all I have to figure out now is whether I am protected or not. How do you exactly calculated the adjusted age?
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.
I just told you how. You take your age at the time when the Priority Date becomes current which we don't know when that will be, but it will probably about a year from now since they are in June 2011 in your category, and then you substract the time that USCIS takes to approve the I-130. If your adjusted age is less than 21, you are ok. If your adjusted age is over 21, you fall into the category F2B that has dates in 2002. Regardless, there is nothing that you can to to influence this outcome. You will either be protected or you will not be. Nothing can change that. You just have to wait and see. Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 4 years 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!
Expert:  Guillermo J. Senmartin, Esq. replied 4 years ago.

Hello. It looks like you are seeing my responses but you are not responding. Are you having technical difficulties? I want to make sure that you are satisfied with my responses and have a positive experience with the website and with my service. So please let me know if there is anything else that I can answer for you because I will do my best. Thank you!

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