Aging out

[jamaicankim 89]

My us citizen mom filed for my sister. She has a son, he is on the filing. It was approved before he turned 21. will he be able to leave with his mom in the future. He went for a visa interview and they turned him down saying his mom is being filed for.

[EM_Vandaveer 2,408]

When did the priority date become current?

It does not matter how old he was when the petition itself was approved. What matters is how old he was when PD became current. He gets to deduct the time it took for the petition to be approved, but that's it.

For example:

If he was 9 years old when the petition was filed and 13 years later PD becomes current. He is already 22 years old, but if it took a year or more to get the approval, then CSPA "saved him" from aging out.

[jamaicankim 89]

OK thanks

[aaron2020 11,651]

What visa did he interview for and they turned him down?

Edited July 12, 2016 by aaron2020

[EM_Vandaveer 2,408]

That's a good question, it is kind of unclear.

Edited July 12, 2016 by EM_Vandaveer

[jamaicankim 89]

Visitor visa

[aaron2020 11,651]

He was probably turned down due to lack of ties to his home country. Having a petition for a family member alone is not a reason to deny a visitor visa. Lots of people have gotten visitor visas while being petitioned.

The petition for his mom being approved before his 21st birthday does not mean he will be an eligible derivative beneficiary when the PD becomes current. He could still age out.