Family Fourth Preference: minor children?

[Anahit]

Once again, say my grandparents got their citizenship today, and if they apply again for a new file for my mom 2-3 days later, then how long will it take for my mom to receive her GC? (just give me an approximate number)

F3 - 8 years + 1 year for processing

Now, 2nd. Q: let's say my mom got her GC, now she wants to apply for me, how long will it take for me to get my GC?

F2B - 10 years + 1 year for processing (maybe more), assuming that you would still be unmarried.

 

[Pinturicchio]

Anahit is right.

 

[bijuria11]

well sry, ionly check dates for family 4 cause im in tht. so well it will take more than 3 years. so itd bb good 2 do the f3 one. since its faster. but guys the f1 moved one WHOLE YEAR in september. thts like freakin insane in a good way, and f4 moved 6 months. which im happy about.. but still you never know wht 2 expect....

 

[igores07]

Thanks Anahit,

I will keep checking the Visa Bulletin website, that is the website which the Department of State updates and gives out new priority dates available, right?

to bijuria11:
According to the chart, for F4: 11 years + 1 year (processing) since Aug. 95 is available now.

 

[Anahit]

Thanka Anahit,

I will keep checking the Visa Bulletin website, that is the website which the Department of State updates and gives out new priority dates available, right?

to bijuria11:
According to the chart, for F4: 11 years + 1 year (processing) since Aug. 95 is available now.

Right.

 

[emonadhikary]

This information might help u

hi,
My situation is almost same. This information might help u.My date of birth is Sep 1983.

My uncle petitioned my parents along with me on 1993(F-4). We got a priority date of May 1993. We waited for 10.11 yrs{nov2003} for DS-230 form. My name was there and we filled those forms and sent those to NVC. But after waiting another 1 year(Feb 2005) the interview letter came frm the local embassy and my name was not there(cause i was +21).

Now my parents is in USA, they got their Legal permanent resident card.

Now my mom applied for me through a I-130 form on June 2,2006 along with my DS-230 paper and they sent her a receipt on June 8,2006.

Please read this topic below:
In all cases, where applicable, aged-out children would convert to the F-2B category for unmarried sons and daughters of permanent residents with a retention of the parent's priority date. This would mean that in many cases involving extended waiting times for parents, the aged out children should be able to save years in immigrating to this country. For example, in the case of parents immigrating in 2018 on the basis of a fourth preference sibling petition with a 2002 priority date where the child was 15 years of age at the time for that petition was filed, the aged out child should be able to use the 2002 priority date for an automatically converted petition to the F-2B category in 2018. As the priority date under the F-2B category would most likely be current for visa issuance, the speed of immigration would depend upon the mechanism used by BCIS/DOS to effect the automatic conversion. In a regular conversion case today where a parent previously petitioned for his or her spouse and the child was a derivative beneficiary who aged out in the process, the law requires the petitioner to file a new I-130 petition to retain the old priority date16. In this case, a mechanism would have to be devised without the necessity of a further petition because of the automatic conversion provision.

I think u didn't fill up the DS-230 form yet.......and im gussesing they will send this form for ur parents and little sister only......except u. But i think that wouldnt b a problem. Cause after your parents get a GC they will file I-130 for u in F2B category. And as the ACT Aug 2002 you will get the your parent's priority date.......which means tht the visa will b available within 1 year. When i filled up the DS-230......same thing was written in tht form. My mom talked to the Vermont service centre and they informed her about this new legislation. Im sending a file about this....this will surely help u. And in your case it will be 7.5 years from now.(5.5 yrs 4 ur parents and 2 yrs for you).
Best of luck

 

[laxdef14]

I've been reading up lately and I seem to be confused once again. Lets say that a petition for a family to immigrate under the F4 preference is approved and the PD is released. Now all the family can do is wait. The child in the family is under 21 at the time and when the PD becomes current he/she is still under 21, lets say about 20. The family applies for AOS, EAD, etc. When the biometrics, interview letter, etc. comes in a few months and the child is now already 21, is he/she considered "aged out". Would the child be safe when the PD becomes current and the filing of the AOS at the time the child was still under 21, or is does it just matter the day of the interview that the child still remains 21?

 

[igores07]

Thank you emonadhikary for your detailed information, I just downloaded the PDF file, I will read it. Let's keep this thread up for the future users too. I think it is an issue which many people are concerned about.

Thanks everyone ,

hi,
My situation is almost same. This information might help u.My date of birth is Sep 1983.

My uncle petitioned my parents along with me on 1993(F-4). We got a priority date of May 1993. We waited for 10.11 yrs{nov2003} for DS-230 form. My name was there and we filled those forms and sent those to NVC. But after waiting another 1 year(Feb 2005) the interview letter came frm the local embassy and my name was not there(cause i was +21).

Now my parents is in USA, they got their Legal permanent resident card.

Now my mom applied for me through a I-130 form on June 2,2006 along with my DS-230 paper and they sent her a receipt on June 8,2006.

Please read this topic below:
In all cases, where applicable, aged-out children would convert to the F-2B category for unmarried sons and daughters of permanent residents with a retention of the parent's priority date. This would mean that in many cases involving extended waiting times for parents, the aged out children should be able to save years in immigrating to this country. For example, in the case of parents immigrating in 2018 on the basis of a fourth preference sibling petition with a 2002 priority date where the child was 15 years of age at the time for that petition was filed, the aged out child should be able to use the 2002 priority date for an automatically converted petition to the F-2B category in 2018. As the priority date under the F-2B category would most likely be current for visa issuance, the speed of immigration would depend upon the mechanism used by BCIS/DOS to effect the automatic conversion. In a regular conversion case today where a parent previously petitioned for his or her spouse and the child was a derivative beneficiary who aged out in the process, the law requires the petitioner to file a new I-130 petition to retain the old priority date16. In this case, a mechanism would have to be devised without the necessity of a further petition because of the automatic conversion provision.

I think u didn't fill up the DS-230 form yet.......and im gussesing they will send this form for ur parents and little sister only......except u. But i think that wouldnt b a problem. Cause after your parents get a GC they will file I-130 for u in F2B category. And as the ACT Aug 2002 you will get the your parent's priority date.......which means tht the visa will b available within 1 year. When i filled up the DS-230......same thing was written in tht form. My mom talked to the Vermont service centre and they informed her about this new legislation. Im sending a file about this....this will surely help u. And in your case it will be 7.5 years from now.(5.5 yrs 4 ur parents and 2 yrs for you).
Best of luck

 

[emonadhikary]

I dont think so

I've been reading up lately and I seem to be confused once again. Lets say that a petition for a family to immigrate under the F4 preference is approved and the PD is released. Now all the family can do is wait. The child in the family is under 21 at the time and when the PD becomes current he/she is still under 21, lets say about 20. The family applies for AOS, EAD, etc. When the biometrics, interview letter, etc. comes in a few months and the child is now already 21, is he/she considered "aged out". Would the child be safe when the PD becomes current and the filing of the AOS at the time the child was still under 21, or is does it just matter the day of the interview that the child still remains 21?

dear laxdef14
No, the child does not qualify for the interview. Cause after filing the DS-230(I) NVC would not send his/her name in the interview letter or neither send him DS230(II). But as I said before his parents would become GC holder first and then they have to petition a new file I-130 under F2(B) category. Now the son or daughte over 21 can get the retention of priority date(PD of his parents). So no new PD will b necessary. And all this process will be done automatically. Before August 2002 no cases such this will be considered under this new legislation/act........means GC holder parents petitioned for their son/daughter on july1 2002 will b uneligible for this retention.

But i had seen a different situation in this case. My friend(Mukta) he was under the same situation as me. His name was not in the interview letter but he went along with his parents in the Local Embassy on the interview date. The embassy send them home and told them that they will contact them soon by phone. !!! AMAZING!!! after one month they called and tell them their visa is granted(include my friend).......and i was so jealous when i heard about that. I know its my fate.........and i dont know why such things happens to me

And igors Im happy to help u

bye
emon

 

[igores07]

Hello Everyone,

My grandparents are in the US right now, yesterday I talked with them, they told me that next year on Oct 2nd 2007 they will become citizen, and they are going to apply for that 3 months before which is July 2nd 2007.

Now, let's say they get their citizenship exactly on Oct 2nd, can they petition for my mom immediately the day after or they have to wait for a while, and how long?

Thanks in advance,

To emonadhikary: If the waiting time for me in case my grandparents (after becoming USC) file a petition for my mom will be almost 8 years, is there any possibility that this waiting time becomes shorter like 5-6 years? like a change in visa distributions or because of some other reason?

 

[emonadhikary]

Yea It works

Now, let's say they get their citizenship exactly on Oct 2nd, can they petition for my mom immediately the day after or they have to wait for a while, and how long?

If your grand parents get their citizenships they can obviously file petition for you Mom along with ur family(F3). This whole process will take 4-5 years(include 1 year of interview-Departure). This will b the fastest process for u and ur family to get a visa.

My elder brother(married) is waiting for my parents to become citizens. So its your G..luck that u got these opportunities(2 Petitions ).

best of luck.
bye

 

[igores07]

But by that time I will be over 21, then how my grandparents can include my name in the petition for my mom? BTW, I didn't understand what you mean by 2 petitions. Clarify please, I'm missing something here.

If your grand parents get their citizenships they can obviously file petition for you Mom along with ur family(F3). This whole process will take 4-5 years(include 1 year of interview-Departure). This will b the fastest process for u and ur family to get a visa.

My elder brother(married) is waiting for my parents to become citizens. So its your G..luck that u got these opportunities(2 Petitions ).

best of luck.
bye

 

[Anahit]

My grandparents are in the US right now, yesterday I talked with them, they told me that next year on Oct 2nd 2007 they will become citizen, and they are going to apply for that 3 months before which is July 2nd 2007.

Apparently, on Oct 2, 2007 it will be 5 years that your grandparents are legal residents in US (green card holders). That does not mean they will become citizens that day. It means, 90 days before that day they can apply for citizenship. The process usually takes from 5-6 months to a year. Thus, they will most likely become citizens in 2008.

Now, let's say they get their citizenship exactly on Oct 2nd, can they petition for my mom immediately the day after or they have to wait for a while, and how long?

The day one of them becomes a citizen, the petition for your mom can be filed.

 

[igores07]

You are 100& right, they told me they are going to apply for that in July 2, 3 months prior. So if it's gonna take 6 months to 1 year to get their citizenship, they will be able to petition only in 2008, arghh, guys it is really a lengthy process.

But anyway, we have to be patient.

BTW, does anyone know when the GC Lottery 2008 will be launched?

I hope the US government will not cancel this Lottery .

Apparently, on Oct 2, 2007 it will be 5 years that your grandparents are legal residents in US (green card holders). That does not mean they will become citizens that day. It means, 90 days before that day they can apply for citizenship. The process usually takes from 5-6 months to a year. Thus, they will most likely become citizens in 2008.

The day one of them becomes a citizen, the petition for your mom can be filed.

 

[Dollyllama]

BTW, does anyone know when the GC Lottery 2008 will be launched?

It started receiving applications on Wednesday October 4th, it runs until December 3rd.

 

[Anahit]

You are 100& right, they told me they are going to apply for that in July 2, 3 months prior. So if it's gonna take 6 months to 1 year to get their citizenship, they will be able to petition only in 2008, arghh, guys it is really a lengthy process.

But anyway, we have to be patient.

BTW, does anyone know when the GC Lottery 2008 will be launched?

I hope the US government will not cancel this Lottery .

It's not cancelled. Here is the link to apply: http://www.dvlottery.state.gov/.
And this is the DV forum on this site: http://boards.immigrationportal.com/forumdisplay.php?s=&daysprune=-1&f=38.
Good luck!