Age out or not?

[pipay 0]

Hi, I'm newbie here, I am a little bit worried about my age, My LPR mom filed my i-130 last Sept 29.2010, that's 1 month before my 21st b-day Nov 2,2010. My priority date is Oct 1, 2010. As i see in the visa bulletin the PD dates move forward from 2 mos in the previous & next month July's pd is March 22/2008 so 7 mos movement. Based on that PD trend, IF & when my PD becomes current, Am i safe for the age issue or Am I age out then? This is just a rough estimate, my PD will become current on early 2012 & early 2013 at the most. On Nov 2,2012 i will be 23 yo already. How about that CSPA thing?...Pls my fellow Vjers help enlighten on this matter. Im confused. Waiting for your answers.

Pipay

[RICARDO4EVA2 194]

You will age out to the FB2B...

[pipay 0]

Heres my timelines to be more specific:

Date of birth - Nov 2,1989

F2A i-130 filed - Sept. 29/2010

NOA 1 - Oct. 3/2010

21st b-day - Nov 2,2010

Priority date - Oct. 1/2010

NOA 2 - - March 3/2011

Pipay

[pipay 0]

:crying:

[Jojo92122 1,924]

Unfortunately, you have aged out into the F2b category. Age is determined at the time your PD becomes current. Your CSPA age is over 21, so you automatically move to the F2b category.

Under the Child Status Protection Act (CSPA), the time it takes USCIS to approve the I-130 is not counted against the beneficiary child in the F2a category. Time after approval of the I-130 and when the Priority Date becomes current is counted against the beneficiary.

Presuming that your NOA2 is the approval letter, you have aged out into the F2b category and CSPA will not offer you an relief. Your CSPA age is over 21. While your age was "frozen" on the PD, it "started" again when the petition was approved. Your age on your PD (10/1/2010) was 20 years and 11 months. When the I-130 was approved on March 3, 2011, you started to age again. That's four months ago. Today, your CSPA age would be 21 years and 3 months (your age on your PD + time you have waited for your PD to become current).

Sorry.

[-mitch- 3]

:crying:

CSPA wise: your age should stay as is from the your petition date till you get your interview date but your case is kinda complicated. im not sure if they will consider your age thinking that you are turning overaged 2 months after your mom filed the petition.

i would consult a lawyer and just to ask them if you qualify for CSPA. its not that the lawyer will work for your case but just to clear things up so you wont be misled to something that you wont have.... just a thought.

good luck!

[Jojo92122 1,924]

CSPA wise: your age should stay as is from the your petition date till you get your interview date but your case is kinda complicated. im not sure if they will consider your age thinking that you are turning overaged 2 months after your mom filed the petition.

i would consult a lawyer and just to ask them if you qualify for CSPA. its not that the lawyer will work for your case but just to clear things up so you wont be misled to something that you wont have.... just a thought.

good luck!

This is incorrect. His CSPA age stays the same from the Priority Date to the approval of the I-130 and not the interview date. He did not overage in 2 months after his mom filed because his age stays the same during those two months when USCIS had not yet approved the I-130.

If his age was to stay the same until his interview date, how could he have aged out 2 months after his mother filed for him?

Edited June 23, 2011 by Jojo92122

[mamalou 0]

OMG! i am not expecting this, hard to believe then... its so frustrating, after i was denied AOS + i-130 while i was in the US, because of age issue & i opted to just return to my country because i want to do the right thing & not stay illegal. And now it turns out i will be F2B because of this age issue, omg it will take time again before i can come to reunite my mom & my friends there.

I have another question, in the middle of 2012 my mom will apply for naturalization & probably become a US citizen, i understand she can move my category to F1, will it be faster or will it be longer? how long would i wait then, given the situation?

THANKS FOR THE REPLIES. Bad or good, i don't mind. I'll accept the realities.

[NHKx2 43]

The current priority date for F1 is four years behind F2B. Unless there is a massive jump in F1 processing, you're best to stay with F2B. It's hard to predict what the progress will be, but for now that's the case.

[RICARDO4EVA2 194]

Will benefit you if the caseis not upgraded/changed. I will be quicket under the F2B line up.

[Jojo92122 1,924]

OMG! i am not expecting this, hard to believe then... its so frustrating, after i was denied AOS + i-130 while i was in the US, because of age issue & i opted to just return to my country because i want to do the right thing & not stay illegal. And now it turns out i will be F2B because of this age issue, omg it will take time again before i can come to reunite my mom & my friends there.

I have another question, in the middle of 2012 my mom will apply for naturalization & probably become a US citizen, i understand she can move my category to F1, will it be faster or will it be longer? how long would i wait then, given the situation?

THANKS FOR THE REPLIES. Bad or good, i don't mind. I'll accept the realities.

Unfortunately, your mother becoming a US citizen hurts you (don't panic - there is a fix). It takes longer for a US citizen to petition an adult child from the Philippines then does for a LPR petitioner.

Look at the Visa Bulletin; http://travel.state.gov/visa/bulletin/bulletin_1360.html

The current PD for US citizens petitioning for adult children from the Philippines is 1996. The current PD for LPRs petitioning for adult children from the Philippines is 2000. You would automatically move from the F2b category to the F1 category if your petitioner becomes a US citizen. However, you can retain your place in the F2b category by notifying the NVC.