Father applying for greencard for his unmarried son

H

hysamir

Registered Users (C)
I have a questions and some confusion. here is my situation

I recieved my greencard through my sister's file. My son could not able to get green card cause he was 23 yr old when interview came. Is there anything can be done to get green card with this path.

I recieved my Green card on december 06. My son is working legally in US with his H1B. He also applied for PERM from his company with EB3. The question i have, should i apply parallel for my sun under above 21 unmarried category or should i wait till i become citizen.; (i still have about three years to apply for citizen). Once my son married what happens?

thanks
Samir
 
hysamir said:
I recieved my greencard through my sister's file. My son could not able to get green card cause he was 23 yr old when interview came. Is there anything can be done to get green card with this path.
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Contact an attorney who understands CPSA. You might be able to file an FB2 GC for him and claim YOUR old FB4 priority date.
 
here are dates if you could help me out here...

I130 filed July 11 1994
Notice Date/ approval date of I 130 - November 3, 1994
processing time for I130 is about four months


DOB - July 28, 1983

visa appointment date - 01 Aug 2006

In June 2006, My priority date (July 11, 1994) became current for india.

Please give me suggestion what can be done in this situation.

thanks
Samir

I saw this at murthy.com
http://www.murthy.com/news/n_impret.html

For example, if a child is 21 and two months old on November 1, 2005, when the priority date becomes current for his parent's employment-based case, the USCIS will use the following equation:

21 years, two months – (I-140 approval date – I-140 filing date) = Child's CSPA age

If the I-140 petition was filed on January 1, 2005 and approved on July 1, 2005, then the equation is completed as follows:

21 years, two months – (July 1, 2005 – January 1, 2005) = Child's CSPA Age

- OR -

21 years, two months – (6 months) = Child's CSPA Age

Therefore, in this example, the Child's CSPA age is 20 years, 8 months, and the child is eligible for a green card as long as the child seeks to acquire the green card by filing an I-485 application in the U.S., a DS-230 Part 1 for consular processing, or the child's parent files an I-824 application for consular notification within one year of the priority date becoming current.
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The I-130 only took 4 months, subtracting that still leaves your son over 21 when the priority date was current. So the CSPA cannot be directly used.

The question here is whether the priority date of his approved I-130 can be ported to a new application (with you as the sponsor). If the law allows porting that 1994 date, that would enable immediate filing of his I-485, unless he is from Mexico where the cutoff date for the 2B category is in 1992. However, if your son gets married before his green card is approved and before you become a citizen, your sponsorship of him becomes automatically invalidated and he would have to rely on his EB3 process or somebody else.
 
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thanks for clarifying and for your prompt response...

I am from india... Now i know what i need to request from attorney.

Again, Thanks Therealcanadian and Jackolantern
 
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I would say speak to an attorney who is experienced with cspa and don't rule out cspa. Your son maybe eligible for this provision. :)
 
I talked to the attorney and he was very positive that my old i-130 priority date can be used.

So as per his fee he charges, 2500 + USCIS fee. He will file new I-130 and I-485 and make them convince to use old priority date... is this a normal charges by attroney???

thanks
Samir
 
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