Trying to understand aging out

[ctygl 0]

I've tried reading up on the aging out topic and am totally lost. Hubby is currently in the process of applying for his mother to get her PR. She should be getting it around January/February. She has a minor son that was born April 12, 1993. So he will be turning 20 in April. Our plan was to file the I-130 as soon as she received her PR. I don't understand the aging out calculator because there is no way I would know when the visa would become available at this point to see if he would qualify. I know nothing about this process so I have no clue (since is is almost 20) if he is getting too old to try the process. He is from Mexico and correct me if I'm wrong, that would be an F2a visa and for Mexico they are working on Mar 2010 ( 2 1/2 years). For the I-130 they are working on Aug 23, 2011 (1 year). So it looks like the process should take about 3 1/2 years. His I-130 could be approved before he turns 21, but his visa would not be available until he is 23/24 yo.

[NigeriaorBust 4,087]

So when mom files the petition you will get back the NOA1 with a priority date. THen they will approve the petition. You will wish for them to be very very slow. The time between the priority date and the petion approval date is the time he can deduct from his age. So if they take almost to the time when the priority date comes current to approve the petition he might sneak in under 21 , otherwise he ages up to adult son and must stay single.

[ctygl 0]

If he has an I-130 approved before he turns 21, he is ok? Or are they subtracting the time for the I-130 from the date his visa becomes available?

The priority date for the visa ( F2a visa and for Mexico they are working on Mar 2010) is it based on the day that the I-130 is approved, or the date that you have completed paperwork from NVC?

[NigeriaorBust 4,087]

Real age

--------------------------------------------------------------------------------------------------------------

Priority Date ^ I130 approval ^

You get to subtract the time between the 2 events above from your real age. If that makes you under 21 you are a child. If it doesn't you are an adult.

[JimVaPhuong 4,863]

On the day that the priority date becomes current they will determine how long the petition was pending with USCIS by subtracting the petition approval date from the priority date. They will subtract the result from the beneficiary's actual age to determine their CSPA adjusted age. If the CSPA adjusted age is under 21 then they didn't age out. Their age is locked on the day the priority date becomes current as long as they file a DS-230 within one year of that date.

Nothing is calculated until the priority date is current.

[ctygl 0]

Sorry for being slow on this, so if he has not turned 21 when the I130 is approved he will be fine? The date that the dept of state has for what date they are working as far as the visas, is that the date of the approval of the I130?

[ctygl 0]

I think I have this figured out.

Let say we submit his I-130 around Feb 2013, he is 19 and will be turning 20 that April. It is taking a year for I-130 approval. Right now visa is available at 2 years 5 months. He would be 20 when the 1-130 is approved as long as its approved before april 2014. That would make his visa available around July 2015ish and he would be 22 y 3 m. So we would subtract a year for the I-130 processing time and that would make him 21 y 3 month and he would not be eligable? But let's say it take over a year to process the I-130 that would help his age. So would you hope in his case that he would get a rft? Based on current processing times is my rational correct?

[NigeriaorBust 4,087]

Yes, it will go exactly by the days, so if the petition takes 123 days that is what you subract and see if you are any days below 21. I wouldn't try to make an RFE because they might deny then you are in big trouble

[ctygl 0]

Ok a couple more questions, sorry. The time that it takes for the I-130 to be apptoved doesn't effect when his visa is available because it's based on when the I-130 is received by USCIS. So if it takes longer for the I-140 to be approved, it wouldn't take longer for the visa to be available.

If we go through the process and he ages out, are you out all the money that you spent? I assume yes. Would he still be eliagble for a visa but just at a much later date?

[JimVaPhuong 4,863]

Ok a couple more questions, sorry. The time that it takes for the I-130 to be apptoved doesn't effect when his visa is available because it's based on when the I-130 is received by USCIS. So if it takes longer for the I-140 to be approved, it wouldn't take longer for the visa to be available.

If we go through the process and he ages out, are you out all the money that you spent? I assume yes. Would he still be eliagble for a visa but just at a much later date?

Yes. A visa is available when the priority date is current, and the priority date is the day the I-130 petition is received. How long it takes to approve the I-130 doesn't affect this. His position in line is reserved the day the petition is received.

No money would be wasted. If he ages out then the petition would automatically be converted to F2B category, and you'd continue waiting for his priority date to be current in the F2B category. He'd still keep the same priority date.