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aaron2020 Grand Master

aaron2020   11,651

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If the children are unmarried and under 21, they will be included as derivative beneficiaries.

It takes about 8 years for an LPR to petition for an unmarried child over 21. If the derivative beneficiary children turn 21 during the wait, they will age out and not qualify as derivative beneficiaries. Depending on how long it takes to approve the I-130, CSPA may offer the aged out children relief. There is no way to know if CSPA will apply until the 8 years wait is up.

I presume you didn't expect such a complicated answer right?

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