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

Asked over 1 year ago - 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)

  1. Alexander Joseph Segal

    Contributor Level 20

    10

    Lawyers agree

    Answered . 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 www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Daniel Patrick Hanlon

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.

  3. Brian David Lerner

    Contributor Level 18

    5

    Lawyers agree

    Answered . Hello:

    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%... more
  4. Stephen D. Berman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  5. Dhenu Mitesh Savla

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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
    www.swagatusa.com/attorney

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

Related Topics

Immigration

If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,603 answers this week

3,354 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,603 answers this week

3,354 attorneys answering