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F2B I-130 got approved Jan,2008 does my son who was born Nov, 1991(now 21) is eligible to move with me?

Willowbrook, IL |

My father who is a green card holder applied for me Oct, 2006 under F2B, the I-130 got approved Jan,2008 does my son who was born Nov, 1991 (now 21) is eligible to move with me when my visa number becomes available? Is there something that I can do to make sure that he can come with me, all our family is already in the United States, my daughter is a green card holder too. Also, my father is scheduled to get his naturalization soon too, does that make any difference?

Attorney Answers 5


Whether your son can immigrate with you depends upon a number of factors, including your country of birth and application of the Child Status Protection Act. Pleas consult with an immigration attorney to discuss this case further.

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Your son may be able to immigrate. We would need to see if under the CSPA he is considered a 'child' or not. Some of that calculation depends on how long it took the USCIS to adjudicate the I-130.

We have 3 offices over the State of California and an international office in the Philippines. We do 100% Immigration Law, have done nearly 5000 cases and can help you. Should you want an in depth consultation, please schedule one at or call 562-495-0554 or e-mail me directly at

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Take the number of days the I-130 was pending - from the day filed to the day approved, and subtract from your son's age on August 1, 2013. If his "adjusted age" will land him under 21, and provided the priority stays current, he might.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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F2b for August 2013 is at December 1, 2005, so the visa is not yet available.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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I understand, but I am wondering when the time comes and my visa number is available, would my son be able to move with me? Thank you


Looking at the Visa Bulletin, it isn't likely. It depends on whether he would be protected under CSPA at the time the date is current.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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