Child aging out due to delay in my adjustment of status

[sunbright 0]

Hello Visa Journey!

My child is aging out next year since USCIS sent me a letter in December 2014 saying that my permanent resident status would be delayed by six months due to uscis personal issues not related to my case. I had to file I-130 six months later for my child and as a result he received priority date in July 2015 instead of January 2015. Can I request USCIS/NVC to grant him a visa before he turns 21 next year in March 2016.The time it took uscis to approve his I-130 is two months, so that would apply under CSPA but he would still age out if not considered the six months delay beyond my control.

Thank you.

[Boiler 46,135]

Could you explain more about the delay?

[Hypnos 6,578]

There are no provision in law for a child to receive an immigrant visa before their priority date becomes current; what you ask is not possible.

[Ontarkie 14,499]

~~Moved to Bringing Family Members of Permanent Residents to America, from Deferred Action for Childhood Arrivals (DACA)~~

Edited October 11, 2015 by Ontarkie

[sunbright 0]

Could you explain more about the delay?

Sure. The letter said that my case was potential interview waiver. My case was filed as an immediate relative of US citizen (my son sponsored me). It further said that the delay was not due to my case but USCIS was experiencing extreme workload, as a result I received my Permanent Resident Card in end of May 2015 and I was supposed to receive it in Dec 2014. All this led to my son aging out soon next year.

Thank you.

Edited October 11, 2015 by sunbright

[Hypnos 6,578]

Sadly, you have no recourse.

Is there a reason his US citizen stepparent didn't file instead? Perhaps you married after he turned 18?