F3 Category Child Status Protection Act aged put child

[rkaushik1961]

My mother being a US citizen has sponsored me and ,my family for Green card under F3 category. She had applied in March 2006 a d my priority date is 7th March 2006 and it was approved in May 2010. My daughter was born on n April 1992. I understand that from the various projections, the Green Card would be issued in the next 2 or 3 months since the current PD is January 8th 2006. The problem is that my daughter has aged out.

But I understand that as per the Child Status Protection Act ( CSPA ) she will still be protected and will be eligible to obtain the Green Card and her category will automatically change to F2B category with the March 2006 priority date, which is applicable to me. Current status of F2B category is November 2010, hence my daughter would be eligible to get the Green Card along with me. I have tried to research and find out as to how to apply for my daughters green card.

Do I need to seperately petition her after I get my Green Card under F2 category? Or will NVC send the documents including her name, since it was approved in May 2010 and subsequently she aged out? In case her documents do not come in or payment link for her does not come in, then can I write to NVC about adding her name despite her agening out? Its all so confusing. I searched all over the net and could not find any info about how to move forward. I tried contacting an office of a US based immigration lawyer in India asking them whether they can handle our Green Card consular processing and my daughter's aged out issue. The lady tells me to pay USD 300 upfront to discuss the matter and then will let me know whether they will take up consular processing and my daughter's aged out issue or not. Sounded like extortion.

I would be grateful if you could kindly guide me as to how do I go about. I am totally lost.





Quote Edit

[paripriyank]

Hey i have the similar situation.2006 file and approved within 4 months.child born in 1992 and 1996 both aged out and dont have name in nvc letter.
Can u update me if u find anything .

[Popat]

If your daughter is aged out she will not be the derivative beneficiary of this petition. For F2a or F2b, you will need to file separate petition once you receive Green card. However, she cannot retain 2006 PD, as petitioner will be different on new petition compared to 2006.

It used to happen when people could retain PD, but after one court ruling, if petitioner is not same then beneficiary can not retain PD.

My mother being a US citizen has sponsored me and ,my family for Green card under F3 category. She had applied in March 2006 a d my priority date is 7th March 2006 and it was approved in May 2010. My daughter was born on n April 1992. I understand that from the various projections, the Green Card would be issued in the next 2 or 3 months since the current PD is January 8th 2006. The problem is that my daughter has aged out.

But I understand that as per the Child Status Protection Act ( CSPA ) she will still be protected and will be eligible to obtain the Green Card and her category will automatically change to F2B category with the March 2006 priority date, which is applicable to me. Current status of F2B category is November 2010, hence my daughter would be eligible to get the Green Card along with me. I have tried to research and find out as to how to apply for my daughters green card.

Do I need to seperately petition her after I get my Green Card under F2 category? Or will NVC send the documents including her name, since it was approved in May 2010 and subsequently she aged out? In case her documents do not come in or payment link for her does not come in, then can I write to NVC about adding her name despite her agening out? Its all so confusing. I searched all over the net and could not find any info about how to move forward. I tried contacting an office of a US based immigration lawyer in India asking them whether they can handle our Green Card consular processing and my daughter's aged out issue. The lady tells me to pay USD 300 upfront to discuss the matter and then will let me know whether they will take up consular processing and my daughter's aged out issue or not. Sounded like extortion.

I would be grateful if you could kindly guide me as to how do I go about. I am totally lost.





Quote Edit