Green card for Son (India)

R

rsrgc

Registered Users (C)
Hi all,

A friend has asked me a question .

The lady is expecting to get a Green card and she is from India.
So after she gets her green card she can apply for her son who is in
India and the son is less than 21 years old and he is unmarried.

I think that the cut off period for her son is 21 years unmarried
But now there are few questions

a) Is the 21 year cut off date as of date of application of green card
petition or on the date of adjudication by the Immigration officer or
is it the priority date
I think it is the date of adjudication by Immigration officer
Please let me know if I am correct or wrong.

b) If she applies today for her son I told her that she would have to
wait a long time because a) Quota is by country and India has a long
waiting list and second she is a green card holder and that particular
category has a very long waiting list --- Am I correct and also could
you guys estimate how long would this take and is this possible
or is this an impossible dream ?
 
According to the visa bulletin for Nov. 2010, the wait for F2A for India is around 5 months.

The Child Status Protection Act (CSPA) could apply to preserve a child's eligivility IF there are long processing delays. It is a complicated formula that even the USCIS and DOS Officers have a very difficult time figuring out.
 
http://www.uscis.gov/files/article/CSPA_factsheet_050608.pdf

Immigrant Petition as a child filed by a Lawful Permanent Resident:
•
If the immigrant petition was approved and the priority date becomes current before the applicant’s ‘CSPA age’ reaches 21, the child will not ‘age out’, provided that no final decision was reached prior to Aug. 6, 2002 on an application for permanent residence based on the immigrant visa petition upon which the applicant claimed to be a child. In order for CSPA coverage to continue, the child must apply for permanent residence within a one-year of the date the priority date became current.

Maybe the above paragraph helps
but I would like some more information what this means
 
There are two stages
a) the I-130 and
b) the I-485

it sounds like the I-130 should be approved for the child and the priority date should be current for India before the child turns 21 - is this correct ?
 
How old is the kid? Under 21 means anywhere from newborn to 20 yrs and 364 days.
 
Last edited by a moderator:
rsrgc said:
There are two stages
a) the I-130 and
b) the I-485

it sounds like the I-130 should be approved for the child and the priority date should be current for India before the child turns 21 - is this correct ?
Click to expand...

child is 18 years 3 months now
 
LucyMO said:
on what basis is the mother getting her GC?
Click to expand...

Their case is - Husband and wife got GC by employment based
and had a child and so Child got citizenship
Family moved to UAE to start a business and hence lost their GC status.
Son returned to US for studies and is now above 21
so he will sponsor Mother and Father
once Mother and Father get GC which is likely in end of 2011
they need to sponsor son (second son who was born in UAE and hence does not have GC)
The full family is of Indian Origin and want to all come back to USA
 
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