F2A category age-out condition

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lotus_55

New Member
My mother and Father are US greencard holder. My mother had applied for my greencard under F2A category (priority date August 2005) when I was just under 21yrs. My petetion was approved when I was 21yrs and one month old under the F2A category. I still lives in India. As I understand that I will never able to get the student visa due to my dual intent but could anyone please advise me if my application has automatically moved to F2B due to age-out condition as I am currently 23yrs old? Do I need to wait several more years under F2B category or my application could still be considered under F2A category.
Please someone advise me. Is there any other way I can apply for higher studies in US and would be able to come to US.
I will really grateful for your advice.

Thanks.
 
I don't think it's categorially impossible for you to get an F-1, especially if you're in a category where it'll take a long time for your PD to come current. You can always try, but be truthful on the application. You'd have to prove that you have nonimmigrant intent, such as a potential job or ownership of property in India. Someone else can probably help me out with this, if they retract the I-130 petition would it be easier for the OP to prove nonimmigrant intent?

But, this option might be easier ... if you already have a bachelor's degree you can try to get an H-1B job and if your company allows it, get a degree while you work... even though that's not an easy thing to do. Or wait with your studies till you become an LPR.
 
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lotus_55 said:
My mother and Father are US greencard holder. My mother had applied for my greencard under F2A category (priority date August 2005) when I was just under 21yrs. My petetion was approved when I was 21yrs and one month old under the F2A category. I still lives in India. As I understand that I will never able to get the student visa due to my dual intent but could anyone please advise me if my application has automatically moved to F2B due to age-out condition as I am currently 23yrs old? Do I need to wait several more years under F2B category or my application could still be considered under F2A category.
Please someone advise me. Is there any other way I can apply for higher studies in US and would be able to come to US.
I will really grateful for your advice.

Thanks.
Click to expand...

Check around, but I think it is possible that you may be covered under CSPA. Here is the relevant paragraph from the USCIS website:
Under the CSPA, if you are a lawful permanent resident and you file a Form I-130 on behalf of your child before he or she turns 21, your child’s age will be determined using the date that the priority date of the Form I-130 becomes current, minus the number of days that the Form I-130 is pending. In addition, your child must seek to acquire the status of a lawful permanent resident within one year of visa availability. This provision also applies to derivative beneficiaries on family-based and employment-based petitions.​
http://www.uscis.gov/portal/site/us...nnel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

On second thoughts, maybe the age doesn't lock-in until your PD becomes current?? Anyone care to offer a second opinion?
 
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re:

Thanks guys for good feedback. As I understand after reading the Child Status protection Act, it is saying that the age-out criteria would be determined after the priority date becomes current minus the number of date I-130 form is pending. In my case my I-130 form was approved in two months in November2005 and the priority date would be few yrs away for F2A category. Therefore, just two months will be taken out from few yrs which would make me about 21. I don't know if my understanding of the calculation is right. If anyone has a diffeent take on it please let me know.

Also, the first reply I have got was to still apply for F-1 on the grounds of such a long wait seems to me like a good bet for now. I will try this step and hopefully I will get further directions after this process.

If anyone else also had any feedback please let me know.
Thanks
 
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