a question about i130 petition for an immediate relative of a USC

[Keemo 0]

hi, i'm an unmarried child of a USC and i'm under 21, and my parents have filed an i130 for me in may 2011..the uscis says that the process will take 5 months or less..now the problem is that i will turn 21 in october and i really don't know what will happen after that.

if my case gets an approval before my 21st birthday it will probably take another month or even more than that until the US embassy here in my country contacts me..will it be too late? or will they issue the IR2 visa without any problems since the uscis approved my case before i turned 21?

thank you very much

[lilsgt190 0]

nice i'm in the same situation.. my interview is in August 20 something... But i'm in the U.S

[Jojo92122 1,924]

hi, i'm an unmarried child of a USC and i'm under 21, and my parents have filed an i130 for me in may 2011..the uscis says that the process will take 5 months or less..now the problem is that i will turn 21 in october and i really don't know what will happen after that.

if my case gets an approval before my 21st birthday it will probably take another month or even more than that until the US embassy here in my country contacts me..will it be too late? or will they issue the IR2 visa without any problems since the uscis approved my case before i turned 21?

thank you very much

Immediate Relative children never age out under CSPA as long as they seek to acquire a visa within one year of the I-130 approval.

Your US citizen parent files for you as an Immediate Relative (USC petitioning for an unmarried child under 21). The time it takes USCIS to approve the I-130 for you is not counted against you. As soon as the petition is approved, you would immediately have a visa available to you as an Immediate Relative. Since a visa is immediately available to you and the time it takes USCIS to approve the I-130 does not count, your age is essentially frozen on the Priority Date. It does not matter if turn 21 during the wait for USCIS to approve the I-130.

An important fact is that you must seek to acquire a visa within a year of the I-130 approval in order to have CSPA protection. If don't seek a visa withing a year of the I-130 approval, then CSPA will not apply and you will age out. A recent BIA case defined seeking to acquire a visa much more liberally than USCIS. Taking any step, including hiring a lawyer, is sufficient to meet the seeking to acquire a visa withing a year requirement.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=10409fed09eb9110VgnVCM1000004718190aRCRD

How does CSPA work?

If you are ... Immediate Relative of a Naturalized US Citizen; The child's age freezes at time the visa petition is filed (Form I-130). If a child becomes an immediate relative through the petitioner's naturalization or the termination of the beneficiary's marriage while the beneficiary is under 21, the child's age freezes on the date such action occurred.

[Keemo 0]

Immediate Relative children never age out under CSPA as long as they seek to acquire a visa within one year of the I-130 approval.

Your US citizen parent files for you as an Immediate Relative (USC petitioning for an unmarried child under 21). The time it takes USCIS to approve the I-130 for you is not counted against you. As soon as the petition is approved, you would immediately have a visa available to you as an Immediate Relative. Since a visa is immediately available to you and the time it takes USCIS to approve the I-130 does not count, your age is essentially frozen on the Priority Date. It does not matter if turn 21 during the wait for USCIS to approve the I-130.

An important fact is that you must seek to acquire a visa within a year of the I-130 approval in order to have CSPA protection. If don't seek a visa withing a year of the I-130 approval, then CSPA will not apply and you will age out. A recent BIA case defined seeking to acquire a visa much more liberally than USCIS. Taking any step, including hiring a lawyer, is sufficient to meet the seeking to acquire a visa withing a year requirement.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=10409fed09eb9110VgnVCM1000004718190aRCRD

How does CSPA work?

If you are ... Immediate Relative of a Naturalized US Citizen; The child's age freezes at time the visa petition is filed (Form I-130). If a child becomes an immediate relative through the petitioner's naturalization or the termination of the beneficiary's marriage while the beneficiary is under 21, the child's age freezes on the date such action occurred.

Thanks so much for the helpful information!

So that means I won't have to worry about turning 21 years old as long as I get my visa within a year of the i130 approval, right?

[Jojo92122 1,924]

Thanks so much for the helpful information!

So that means I won't have to worry about turning 21 years old as long as I get my visa within a year of the i130 approval, right?

No. You do not to worry about turning 21 as long as you seek to acquire a visa within a year of the I-130 approval. You don't need to finish the process within the year and have a visa in hand. You just have to start it. Merely filing the DS-230 will be sufficient to trigger CSPA protection.

[Keemo 0]

No. You do not to worry about turning 21 as long as you seek to acquire a visa within a year of the I-130 approval. You don't need to finish the process within the year and have a visa in hand. You just have to start it. Merely filing the DS-230 will be sufficient to trigger CSPA protection.

You've just made my day.

Thank you Jojo!