Family based immigrant visa question

[BR999]

Hello,

I am hoping experienced people here can help with some answers.

Facts:

- Submitted I-130 PETITION for my then 18-year-old Canadian citizen son on May 5, 2022. He lives in Canada.
- Received I-130 PETITION FOR ALIEN RELATIVE approval on May 8, 2023
- Received notification from NVC on May 18, 2023, to proceed with paying fees, submitting documents and consular interview application (on the CEAC website)
- Paid all fees, submitted all necessary documents, completed interview application submission by March 2024
- Received interview notice on June 27, 2024 (Interview date Aug 5, 2024, US Consulate Montreal)
- Registered for interview on July 14, 2024
- Interview registration confirmation email said to check visa bulletin, and not to travel to interview if priority date not current.
- The priority date for F1 category currently is 22OCT15

Questions:

- Why was I asked to submit docs and IV application if priority date was not current at the time?
- Why was the interview scheduled if the priority date was not current at the time?
- What if my son had completed his medical test in preparation for the interview?
- My son will turn 21 in May 2025. How will it affect the process?
- How do we proceed now? He has rescheduled the interview for Oct 15, 2024.

Thank you.

[newacct]

This doesn't make sense. An unmarried under-21 child of a US citizen is in the Immediate Relative category. This category has unlimited visa numbers, and it's not possible that "priority date was not current". It is always current. His age is locked in as of the date the I-130 was filed, if he complies with CSPA requirements of seeking to acquire within one year of it becoming available. Therefore, he will not be in F1 category (unmarried 21-or-over child of US citizen).

[newacct]

It's just a general statement for all categories. There is nothing to check for your category (Immediate Relative). In fact, the Immediate Relative category is not on the visa bulletin, because it can never possibly have a wait.

By the way, are you sure your son is not already a US citizen? Were you not a citizen when he was born? Or did you not have enough physical presence in the US before his birth to pass US citizenship onto him when he was born?

[BR999]

No I was not a US citizen when he was born. I was on a work visa and had started my green card process in 2001, 3 years before he was born. Regarding physical presence, yes I did have several years of continuous physical presence in the US at the time he was born in 2004. In fact continuous from 1994. But I was neither a GC holder nor a citizen at the time he was born. And I did not include him in my GC process when I should/could have. Kind of stupid, but long story. Are there any options to just pass citizenship to him at this point? I mean other than him attending the consular interview on October 15?

[newacct]

At this point, the only option for him is to attend the interview, get the immigrant visa, and immigrate to the US.

[BR999]

Thank you for the answers.

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[Alexxx7]

This doesn't make sense🙁