Age limit dilemma for a son of a petition file holder

L

late_twenties

Registered Users (C)
My friend's father and mother arrived in USA as new greencard holders in 2000. At that time my friend missed out, because he was already over 21. I was discussing recently with him, and found out that the age limit has changed now for new applicant children. If so, what is it? Can he appeal to USCIS and benefit from it?
 
age limit didn't change. It's still 21.

There is such a thing as Child Status Protection Act, but it's not going to help your friend.
 
and if your friend's parents filed I-130 for him upon their arrival to the US with immigrant visas, he could be getting a GC based upon that petition in about three years, unless he is from Mexico. Did they file I-130 for him?
 
No they did not. He was told that the wait time was longer than 7 to 8 years if his parents filed as greencard holders, compared to 3-4 years if they filed as citizens.
Please educate me further. His parents are not Citizens yet, and wont be any soon, because they kept flying back and fourth without a consistent stay. If they file a I 130 for him, how long of a time he is looking for before he gets a gc?
Thanks a lot folks for your time and help. I will wait for your answer.
 
well they could have filed the petition for him as soon as they got the greencard and once they got their citizenship, his status would have changed from F2B to F1. Nonetheless, he would have still held his original priority date. Anyway, since they didn't file I-130 for him. Ask them to do so...immediately and i mean IMMEDIATELY...so at least he doesn't lose out on some other time (for example, if he gets married, then he would not be able to switch to F1. he would be classified under F3 category, which takes about 8-10 years).
 
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