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Filed: IR-2 Country: Bosnia-Herzegovina
Timeline
Posted

Hello! I'm 20 years old, turning 21 in may 25 and my father, US citizen, filed I-130 for IR-2 visa and he recieved I-797, I-130 NOA1 on January 25. I read about aging out and CSPA but I could not understand everything. Do I age out in May 25th on my 21st birthday? What do I have to do to not age out and can I age out if I recieve NOA2 before 21st birthday. Thank you!

Posted

As stated, you are protected under CSPA. Your age was frozen the day USCIS accepted the I-130 your father filed. You will be considered a child (thus, an immediate relative) under immigration law, and will not age-out.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: IR-2 Country: Bosnia-Herzegovina
Timeline
Posted

If your father applied as USC your age was frozen at filing . It is children of LPR's that age out.

As stated, you are protected under CSPA. Your age was frozen the day USCIS accepted the I-130 your father filed. You will be considered a child (thus, an immediate relative) under immigration law, and will not age-out.

Thank you both very much. I read about it on one of topics here and on uscis but could not understand it clearly. Thank you again!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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