Hi everyone,
My father filed an I-130 petition on my behalf back in fall of 2009. I had some questions of visa waiting times, because some of the language on the immigration websites I read through confused me. My father, a US citizen, filed for me before my 21st birthday, so I was counted as an unmarried child under 21. Now this is where the language confused me. I saw some sites made the distinction between son and child and some didnt. Does this mean I will have to wait 4-5 under the first preference category or will I get a visa number immediately, once my application has been processed?
Thanks in advance!
-Carbs
Questions:
1) Are you over 21 now?
2) Is your I-130 approved?
3) Are you IN/OUT of United States?
Please provide some more details about your case before senior members can advice you appropriately.
Clarification between son and a child: Under section 201(b) INA:
You are considered a CHILD of a US citizen if youre under 21
However, if youre over 21 or married, then youre considered a SON/DAUGHTER of US Citizen
Hi, thanks for the response.
1) I am over 21 now. I turned 21 on October 31, 2009.
2)Yes, my I-130 was approved and it was approved before I turned 21. My priority date is August 7, 2009. I have a case number with the NVC.
3)I am in the United states.
Some other info:
I applied for consular processing in Ciudad Juarez, Mexico. Since my I-130 was approved before I turned 21, I get counted as a "child," right? My final question is how long should I be waiting before I get asked to go to the Mexican consulate for processing since I applied back in august of 2009?
OK, I think several mistakes were made in your case. But i dont think its a time of regret. Maybe your personal circumstance didnt allow it.
1) Why didnt your father file an I-130 and I-485 together (youre an immediate relative at the time of application)
2) Why didnt you inform NVC before you turned 21 to expedite your case
Ok, now since youre over 21. Youre considered a SON and not a child anymore.
This coming Monday CALL an expert attorney ASAP and see if he/she can help you out. I really mean that. How many months was your I-130 petition in processing. As you mentioned above, your I-130 was filed in 2009 and it was approved in 2009. which mean probably in matter of months. This is all speculative. Please given us an exact date so we can calculate the CSPA for you. Or if you like, research on CSPA and calculate your age and see if you can reap the benefit of that law.
I wish you all the best once again!!!
I-130 Approved, "Post decision activity" case status