Aging out?

[marcie60928 0]

Hi, I'm asking this question for a family member. Her and her fiancee got married in Colombia and her son was under 18 at the time. Her husband sent in forms for her and her son to bring them to the US but during all this there was a big fight and he sent a letter to immigration pausing their applications. Now they worked things out and are back together, but her son is now 18. The husband asked a lawyer if he could just continue with the process and the lawyer said it was fine but he would need to re-send all the previous forms. My question is the following: would the son be in jeopardy because hes now 18, or does it consider the age he was when the original forms were sent in? Or is the aging out age 21?

[teeak 224]

It shouldn't be a problem since he's still under 21.

How far into the previous process were they? What forms did they submit and did they get any approvals? Were they at the NVC stage yet?

Now, did the mother petition for him? Or the step-father? If the mother as an LPR petitioned for him, then the priority date is Mar 2014 for the Sept. visa bulletin.

However, if the step-father petitioned for him and they are a USC then since they got married before the child turned 18, he can petition form him. The category is current so they won't need to wait for a visa to become available.

If you provide more information then a better answer can be provided.

[Hypnos 6,578]

There is no such thing as "pausing" petitions, so presumably the I-130 filed for the son was withdrawn prior to adjudication.

Since the son remains under 21 then the stepfather can just re-file another I-130, paying the fees for it again.

And yes, he won't age-out until 21. Provided the new I-130 is filed prior to the child's 21st birthday then his age will be frozen under CSPA and will remain as an immediate relative petition.

[aaron2020 11,651]

Hi,

One can request a withdrawal, but not a pause. Once withdrawn, it's over. That's why the lawyer recommend new petitions. There is no continuing. There is only starting over with new petitions.

Since the marriage occurred before the child's 18th birthday, the USC can petition for the child.

If the USC files before the child's 21st birthday, then his age is frozen for immigration purposes. He should get a visa within a year.

If the USC files after the child's 21st birthday, then it's an F1 family category case where it's 7 years for a visa.

Edited August 28, 2015 by aaron2020