QUESTION

Can my daughter still be eligible in F2A visa, which is available right now?

Asked on Aug 20th, 2013 on Immigration - Michigan
More details to this question:
I-130 is not approving yet but the visa is available. As of august F2A category is current. But my daughter is turning 21 this October.
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3 ANSWERS

Adebola O. Asekun
Once her petition was filed before she turned 21 years old and she is unmarried, her 21 years will not affect her eligibility for a visa in the F2A category. Under the Child Status Protection Act CSPA, her age will be frozen to the date her I-130 was filed notwithstanding that she has or will turn 21 years before her case is adjudicated
Answered on Aug 23rd, 2013 at 10:37 AM

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If you are a permanent resident wh has filed for your daughter, then, yes, your daughter is eligible for a visa ion the F2A category. However, her petition has to be approved first. It is unlikely that the F2A category will stay current long enough for your daughter. It would take a detailed analysis of all the facts to determine whether your daughter would be eligible under the Child Status Protection Act for a visa in the F2A category later when she is 21 or older.
Answered on Aug 20th, 2013 at 8:31 PM

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Immigration Law Attorney serving Detroit, MI
1 Award
Yes, the F2A Visa Category is presently current, but you are not eligible to process for her Immigrant Visa until your I-130 is approved. Since she will age out soon.
Answered on Aug 20th, 2013 at 8:07 PM

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