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  • CSPA Denied what now

    Hello, I posted before but somehow that post got deleted but anyways my parents visa was approved and I got denied so all my family are going except me 😭 , Nvc said we need to fill I 130 for me but how long would that take to process? as my parents are new immigrants can they file as soon as they go to usa?

  • #2
    Originally posted by oddxchild View Post
    Hello, I posted before but somehow that post got deleted but anyways my parents visa was approved and I got denied so all my family are going except me 😭 , Nvc said we need to fill I 130 for me but how long would that take to process? as my parents are new immigrants can they file as soon as they go to usa?
    So did you actually age out (according to the CSPA calculation)? or did they make a mistake?

    Your parents can petition you immediately upon entering the US (they don't need to have received their green card; their immigrant visa stamped upon entry serves as proof permanent residency). An unmarried over-21 child of a permanent resident is in the F2B category, which has a wait for visa numbers of around 7 years (longer for people born in Mexico or the Philippines).

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      So did you actually age out (according to the CSPA calculation)? or did they make a mistake?

      Your parents can petition you immediately upon entering the US (they don't need to have received their green card; their immigrant visa stamped upon entry serves as proof permanent residency). An unmarried over-21 child of a permanent resident is in the F2B category, which has a wait for visa numbers of around 7 years (longer for people born in Mexico or the Philippines).
      Thanks for the reply but its too late to do anything now and I did not age out but didn't "seek to acquire permanent residence" I have no idea what that means

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