F2A Adjustment of Status but turning 21

[April21 0]

Hello VJ,

I am a child of LPR and I fall under F2A category. My Priority date is June 09, 2015, which is likely to become current in November 2016.

I may be eligible for Adjustment of Status in January 2016 under the new filing system, but also I will be turning 21 in April 2016. If I file for adjustment of status under F2A in Jan 2016 and convert to F2B in April 2016, do I still qualify for adjustment of status, and can I continue to live in the US until my priority date becomes current in the F2B category?

I need to clarify my doubt to determine whether I should continue with the consular processing or file for adjustment of status.

Thank you.

[Hypnos 6,576]

After filing the I-485 your age will not freeze under CSPA until your priority date actually became current. Given your dates, you will age-out into F2B.

The good thing is that you could, if you wished, just keep renewing your AP and EAD until your priority date became current under F2B. This would likely take around five years.

Since you would have already filed an I-485 then you would not need to have to worry about maintaining status despite not being an immediate relative.

It's up to you whether being in that kind of limbo for a few years is a good idea, or whether you would wish to depart the US and instead pursue consular processing when your priority date became current under F2B.

Edited December 15, 2015 by Hypnos

[April21 0]

After filing the I-485 your age will not freeze under CSPA until your priority date actually became current. Given your dates, you will age-out into F2B.

The good thing is that you could, if you wished, just keep renewing your AP and EAD until your priority date became current under F2B. This would likely take around five years.

Since you would have already filed an I-485 then you would not need to have to worry about maintaining status despite not being an immediate relative.

It's up to you whether being in that kind of limbo for a few years is a good idea, or whether you would wish to depart the US and instead pursue consular processing when your priority date became current under F2B.

Thanks a lot Hypnos.

The information you provided is really encouraging.

Do you know someone in the same situation confirming that I can stay in the US and obtain EAD and AP until my priority date becomes current in F2B / or is this mentioned somewhere on USCIS website

Other members please also share your ideas.

[Chejemmie 7]

Thanks a lot Hypnos.

The information you provided is really encouraging.

Do you know someone in the same situation confirming that I can stay in the US and obtain EAD and AP until my priority date becomes current in F2B / or is this mentioned somewhere on USCIS website

Other members please also share your ideas.

I am currently here on an F1 visa. My LPR spouse applied for I130 which was approved and we filed for AOS, EAD based on 'Dates to file' table. I am F2A and opted for adjusting instead on consular filing. I currently hold I797 receipts for I485 and EAD (did not apply for AP) which allows me to remain in US until PD is current-hopefully before June 2016. I am awaiting EAD which should be approved at the beginning of January. My PD is Dec. 2014.

[April21 0]

I am currently here on an F1 visa. My LPR spouse applied for I130 which was approved and we filed for AOS, EAD based on 'Dates to file' table. I am F2A and opted for adjusting instead on consular filing. I currently hold I797 receipts for I485 and EAD (did not apply for AP) which allows me to remain in US until PD is current-hopefully before June 2016. I am awaiting EAD which should be approved at the beginning of January. My PD is Dec. 2014.

Thanks for the reply Chejemmie.

Considering the conversion of my petition to F2B (unmarried sons and daughters of LPR over 21) from F2A (children under 21), Hypnos confirmed that I should

be able to hold EAD and maintain status in the US until my priority date becomes current in the F2B after 5-6 years, what is your opinion in this matter?

[Chejemmie 7]

Thanks for the reply Chejemmie.

Considering the conversion of my petition to F2B (unmarried sons and daughters of LPR over 21) from F2A (children under 21), Hypnos confirmed that I should

be able to hold EAD and maintain status in the US until my priority date becomes current in the F2B after 5-6 years, what is your opinion in this matter?

5 years is a long time to wait but if your i485 application is accepted and you receive an EAD then you can wait. It's up to you. Like Hypnos said, you will need to keep renewing the EAD. Please note that you must apply for AOS before your current non-immigrant status expires. I think you should do it if you would like to remain in the US with family.

[April21 0]

5 years is a long time to wait but if your i485 application is accepted and you receive an EAD then you can wait. It's up to you. Like Hypnos said, you will need to keep renewing the EAD. Please note that you must apply for AOS before your current non-immigrant status expires. I think you should do it if you would like to remain in the US with family.

Thank you Chejemmie. I really appreciate your help

[Onceanhour 0]

Hello April and VJ members,

 

I am exactly In the same boat as April21 , my case will be converting fromF2A to F2B as I crossed 21 and cspa won't help even if I deduct I 130 pending days , final action dates will become current in 3 months but now based on filed dates I can apply EAD even though I crossed 21 ? I already crossed 21 years but since my age calculation by uscis doesn't come until final action dates , wanted to check if I can apply EAD based on filing date as Usics stays I am still in F2A case , April or anyone know if EAD has been approved for her ? And if any concerns 

 

thanks in advance in need of desperate help and if there is any way to reach april21 by email that would be of great help I can get in touch

 

i think the difference in Aprils case and mine is that even at filing date this month I am above 21 ,only hoping that since uscis calculates age at final action days I can still get EAD

 

 

thanks 

onceanhour