Pike Man

Hello everyone! New user here. My case is pretty much identical to HotelAlpha; parents immigrated here (consular processing) whilst I was here on a b2 visitor visa doing tourism.
I'm currently looking for a good immigration attorney to help my case, but I've been reading this forum the last few days and thought I'd give back to the community rather than just lurking. I know you guys like a good immigration scenario!

I'm 20 years old, turn 21 later this year, I'm here as a UK citizen. Mum and dad should be getting their green cards in the mail eventually, and after reading HotelAlpha's post you guys helpfully stated that the F2A date is current and I might be in for a shot of Adjusting Status. I've filled out the i485, i765, g1145, g1450 and had my dad do the i130 and i864. I've still got the i693 to sort out; might leave that until the interview as it says in the instructions, but I have found a surgeon to do it. Planning to concurrently file

I'm still reading up on the i864a to figure out if my dad needs to do that form or not. We won't be using joint sponsors. I also need to look into the i131 more to see if I'm eligible. I think that covers all of my required forms, but I'll be sure to double check.
CSPA and 90 day rule: I'll obviously double check with my attorney, but in order to follow the 90 day rule, I would be putting my documents in the mail only 1 month before turning 21. As I understand it, after mailing in your documents, you get a receipt of document arrival (797c, I think). From that point my age should basically freeze, CSPA is weird for family preference, though; I must have read the USCIS policy manual chapter 7 about 5 times by now just to try and understand it. So I'm trying to decide if it is worth waiting until the 90 days are up or to stick my AOS packet in the mail a bit sooner than 30 days from aging out. I sure do hope CSPA is going to protect me from aging out!

I really look forward to reading your replies, especially if we get any OG posters like Boiler. I loved the optimism on HotelAlpha's post and I really need some of that! I'm really interested in the immigration law side of things, even though I don't really trust myself to handle it without proper legal help, so forgive me if it seems like I'm prying; I just find US law fascinating. I'm hoping to get all of this stuff taken care of soon so I can get back to my tourism. I'm planning to see DC pretty soon. Love the history.

Cheers guys!

tht

Interesting that you have a B2 as a 20 year old UKC, we always hear how hard it is to get one if you ESTA/VW eligible (unless it’s needed because of criminal record etc). Sorry I can’t help on your questions I came through employment as an adult. Good luck.

Pike Man

No worries! I got the B2 because I didn't want time to be a restriction on my travels; I was ESTA eligible, but that would be easy and easy is boring! Thanks for the comment!

tht

yes that’s the part that might be interesting to others, I assume you got it pre-Covid because there is a backlog now. Meaning you would have been even younger, and we don’t get many reports of B2 for your purposes, and independently wealthy enough to not have to work. Did you have to give a reason for wanting it other than wanting to “tourist” for more than 90 days ? What country did you spend you 14 days in on the way to the US?

newacct

How did your parents immigrate?

S Folinsky

Fair bet that OP has an AmCit sibling over 21 years of age.

scrubbedexpat099

So they are Permanent Residents waiting for the physical card?

Pike Man

That's a good bet! My sibling is very generous

Pike Man

Good to see you Boiler!
That's correct, unless their physical GC arrives soon I will have to make sure I send through the stamp in their passport as evidence of their LPR status.

newacct

If the F2A category remains current indefinitely, then as long as your parent files the I-130 before you turn 21, and you seek to acquire the visa within 1 year of it becoming available, you will not age out. (The reason for this is that under CSPA for family preference categories, the length of time the petition is pending is subtracted from your age, and your CSPA age just needs to be under 21 at the time a visa number becomes available. The time a visa number becomes available is defined as the later of when the I-130 is approved, and when the date in the visa bulletin passes your priority date. Since we assume F2A remains current, the date in the visa bulletin is always past your priority date, so this is just equivalent to the I-130 approval date. The length of time the I-130 is pending is the I-130 approval date minus the filing date. So if you subtract this from the I-130 approval date, you get the I-130 filing date, and it is this that needs to be under 21.)

However, if the F2A category retrogresses before you become a permanent resident, there is the possibility that you will age out even if the I-130 was filed before you turned 21.

destone

You can petition the US Embassy in London for a boarding foil.

Pike Man

That is what I initially thought, too! It wasn't until I read Chapter 7, Section F, Subsection 5 of the USCIS policy manual that I saw the following:"If an eligible adjustment applicant filed an adjustment application but the visa availability date subsequently retrogresses, USCIS holds the application until the visa becomes available again and the application can be adjudicated. If the applicant filed an adjustment application based on the Final Action Dates chart, and his or her CSPA age at the time of filing the application was under 21, then the applicant’s CSPA age is locked in through final adjudication of the application. However, if the applicant filed based on the Dates for Filing chart, the applicant’s age is not immediately locked in at the time of filing. Rather, the applicant’s CSPA age is calculated and locked in when his or her visa becomes available according to the Final Action Dates chart."

I fully intend on filing concurrently the i130 and i485 before I turn 21, for sure

I'm no lawyer, so please tell me if I'm misreading this and getting too hopeful!
Thank you for your comment, it truly is appreciated!

tht

I assume you know, but B2 is still usually only issued for 6 months, or did you also somehow get them to admit you for 12 months?

Wish I could travel without restrictions. Must be nice to not have to work for so long!

tht

I read there was a booming industry by built around that in LA, flights, accommodation, birth all pre arranged. But assume CV19 may have impacted that given the country most of their clients come from.

Pike Man

Standard 6 months (I'm not THAT good!). I've just started a sole trade business back home and I told myself that I would never have the opportunity to see some of the world unless I did it RIGHT NOW. Thought I would start with America, turns out I'd rather not leave. Truth be told, I hate not being able to work, so you guys will probably see a post on me attempting to expedite my EAD in the near future! (hopefully...) Thanks for the comment!