The answer depends upon whether your daughter is over or under the age of 21 – and if under, how much under. If well under the age of 21, you would be petitioning for her under the F-2A category for unmarried children under the age of 21, and the waiting time would be approximately 2 years. If over the age of 21, you would be petitioning for her under the F-2B category for unmarried children over the age of 21, and the waiting time would be approximately 7 years. Also if the child is close to the age of 21 and the priority date is not reached by the day that she turns 21, she would generally have to wait 7 years to obtain the immigrant visa instead of the lesser years under the F-2A category unless she can continue to be recognized as a child under the counting rules of the Child Status Protection Act (CSPA) which take into account factors such as date of visa availability, how long the petition pended, and the age of the child. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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