203 A2B INA Adult Child of LPR

#1
My mother was petitioned by my grandmother on July 2015 and the petition was approved this March 2020. She is a widow. Does the petition includes us (3 children under the age of 21 during the application, eldest now is 22 years old) even if the benificiary in the application is only my mother? Can anyone discuss to me the scope of the classificarion 203 A2B INA Adult Child of LPR. Thank you
 

newacct

Well-Known Member
#2
Are you sure the I-130 petition was approved in March 2020? Or it was approved earlier but they are starting the Consular Processing process now because a visa number is close to becoming available?
 

newacct

Well-Known Member
#5
When she immigrates, her unmarried under-21 children will be able to immigrate with her has derivative beneficiaries. The age cutoff is actually higher because of CSPA. So since the petition was pending for 4 years 8 months, that means that the children do not age out until age 25 and 8 months.

According to the current visa bulletin, the Dates For Filing in the F2B category are very close to reaching a July 2015 priority date if your mother was born anywhere other than Mexico or the Philippines. Once the Dates for Filing hits, NVC can start the Consular Processing process. The Final Action Date is still 8+ months away from a July 2015 priority date.
 

newacct

Well-Known Member
#7
The date on the Final Action Date chart for the Philippines is currently 1 Feb 2010. That's about 5.5 years away from her priority date, so plan for 5-6 years before a visa number becomes available. Her children who are unmarried and under 25 years 8 months at that time will be able to immigrate as derivative beneficiaries. That means the one who is 22 now will almost certainly age out. I don't know the ages of the others so it's hard to tell whether they will age out.
 
#11
After your mother enters the US, she can immediately petition you to immigrate, assuming you remain unmarried. The unmarried over-21 child of a permanent resident is in the F2B category, which if you are born in the Philippines has a wait of 10+ years.
 
Top