The interview for parents is scheduled, but have question

A

angelg

Registered Users (C)
Hello everybody!

I have the following case:

In 1996, when me and my twin brother were 13 years old, my uncle filled petition for a green card. The beneficient was my mother. The petition was approved in 1998. And then it has been 10 years in which my mother was waiting for a case number. In 2008 we got the number and in 2010 my mom and my dad started the procedure of filling the documents for a green card. We did what it has to be done and me and my brother (now 27) were referred as sons who will accompany them. We all filled and sent the required documents.

Today we got email with the date of the interview, but me and my brother are not in the list of the Travelling Applicants.

What does that mean?
 
You don't qualify to immigrate as a derivative beneficiary to this petition. The petition took about 2 years to be approved, so you get to subtract the 2 years (and however many months) from your actual age to determine your CSPA-adjusted age. You're 27, so a 2-year subtraction is far from being enough to bring your adjusted age under 21.
 
It doesn't matter much that you were under 21 when the petition was approved. What really matters is your age when the visa number becomes available, which was 2008. So you were 25 back then ... if you apply the 2-year adjustment for the CSPA, you're still classified as over 21.

You'll have to wait until your parent(s) get their green card, then they can file for you as an unmarried over-21 son of a permanent resident (family category 2B), which has a wait of about 8 years. If your parent who filed for you obtains US citizenship while you're waiting, you can upgrade to family 1st preference and cut down your wait time by a few years. But if you get married before your sponsoring parent becomes a USC, the petition they file for you will be nullfied because there is no category for married children of permanent residents.
 
Ok, thanks for the reply.

I spoke with my mother on this again.

We checked when the case number was issued. It is not 2008 as I was thinking.

The case number is issued in 1999.
 
Your frozen age is depending on the date USCIS received your I-130 and the date they approved your I-130.
NVC case number issuance won't count. So you don't quality by CSPA to accompany with your parents.
 
Well yeah, USCIS delayed the case too much. If they didn't I was going to be eligible by age and this was not going to be an issue.

There is something else. We have third brother, who lives in USA since 1994. And we want to reunite the family. But in this case USCIS will separate us again.
 
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You should have your brother file an I-130 since he became USC, so it saves you time of waiting.
Is your brother USC now? How did he arrive and stay in the US?
Also you should have already knew you wouldn't qualify to accompany with your parents because of your age, approval date and the time of waiting for available visa for your mother on F4 category.
 
Forget about my brother. He is still not USC....sad but true.

I checked the I-130 receipt. It says 1997 as the year in which USCIS received the I-130 petition. And in 1998 we have received a letter from USCIS which says the I-130 petition is approved for further processing.

I was 15 then, so as you say this is my "frozen age". I'm I right?
 
No. They don't freeze your age unless you were the under-21 child of a US citizen. Otherwise, they adjust your age.

You are 27, so you'll need more than 6 years of adjustment to be counted as under-21. With the I-130 being filed in 1997, and approved in 1998, that gives you less than a 2-year adjustment. That still leaves you way too far above 21.
 
How the age is being adjusted? I don't understand it.

BTW, the number issued in 2008 is the alien number, not the case number.
 
You don't have to be a child of USC to be frozen age if under 21.
Your age will be frozen when you are even qualified for a derivative beneficiary until I-130 approved.
I absolutely know this because son of my wife's sister just came here on Dec last year and he is 25 now. They were sponsored by his grandpa (of his father).
His parents and sister had I-130 approved in 2000, but some how his I-130 approved in 2006.
His grandpa didn't pay IV fee for him since he had no name on letter. However, with CSPA, he paid IV fee at GC, and received visa.
His age was frozen for 6 years.
Jackolantern said:
No. They don't freeze your age unless you were the under-21 child of a US citizen. Otherwise, they adjust your age.
Click to expand...
 
When you were 13 and your uncle filed I-130 in 1996, NVC will see your age still 13 until USCIS approves your I-130.
So, when USCIS approved your I-130 in 1998, your age would continue to increase as regular, but from 13.
If your actual age is 20, NVC only sees you at 18. Now you are 27, and NVC sees you as 25 which you are not qualify for a derivative beneficiary.
angelg said:
How the age is being adjusted? I don't understand it.
Click to expand...
 
ngvuanh said:
You don't have to be a child of USC to be frozen age if under 21.
Your age will be frozen when you are even qualified for a derivative beneficiary until I-130 approved.
I absolutely know this because son of my wife's sister just came here on Dec last year and he is 25 now. They were sponsored by his grandpa (of his father).
His parents and sister had I-130 approved in 2000, but some how his I-130 approved in 2006.
His grandpa didn't pay IV fee for him since he had no name on letter. However, with CSPA, he paid IV fee at GC, and received visa.
His age was frozen for 6 years.
Click to expand...

No, his age was adjusted by whatever was necessary for him to qualify. He immigrated this year at 25, perhaps filed the immigrant visa paperwork last year at 24, thereby only needing a 3-4 year adjustment to bring him under 21 at that time.

Perhaps we are having a different interpretation of the context of "frozen". Yes, you could say the age is frozen while the I-130 is being processed. But after I-130 approval and while waiting for a visa number (i.e. for the priority date to become current), they don't hold one's age constant, and it is possible to age out while waiting for visa number availability.
 
angelg said:
How the age is being adjusted? I don't understand it.
Click to expand...

Calculate the time from I-130 filing to I-130 approval. Then take that result and subtract it from your actual age.

So for example, if the I-130 took 18 months, subtract 18 months from your age. That result must be under 21 for you to qualify. You're too far past that now. You aged out when you were 22 or 23, given that your adjustment amount is somewhere between one and two years.
 
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