F2a new visa bulletin and aging out

[Texansforever 2]

So my brother filed for adjustment of status last February (20 years and 4 months)... he turned 21 last October but his priority date is still not current in the "FINAL ACTION" column of the visa bulletin... his i130 was approved very quickly so he is no longer under 21... so does anyone know what happens in this cases? Is his aged locked at the time he filed? If his category changes from f2a to f2b does he gets to renew his work permit until the priority date is current under f2b? Please anyone that has experienced something similar please let me know how USCIS handled this thank you!

[Hypnos 6,576]

His CSPA age is locked at the point at which a visa number became available and his priority date became current, provided he sought to acquire permanent residence within one year of that date.

Edited November 22, 2016 by Hypnos

[Texansforever 2]

If that's the case he did age out so what happens with his adjustment of status then? Will he be able to renew his work permit... he filed for adjustment of status once the "filing date" column was current (February 2016)

His CSPA age is locked at the point at which a visa number became available and his priority date became current, provided he sought to acquire permanent residence within one year of that date.

[Boiler 45,417]

What sort of work permit does he have, what is his current status?

[Texansforever 2]

He was under student visa and when his priority date went current (for filing) and we filed for the adjustment of status he recieved his employment authorization card valid for one year... so I don't know what will happen after that year is up

What sort of work permit does he have, what is his current status?

[Boiler 45,417]

A few allow a second year, most do not.

[Texansforever 2]

Yeah that's the thing is not clear what happens in this case when a child turns 21 between the "filing date" and the "final action" while on pending adjustment of status

A few allow a second year, most do not.

[Boiler 45,417]

He needs to be in status when seeking to adjust.

[Texansforever 2]

Exactly so I don't know what I need to do to keep him under status while we wait he Is still going to school as international that has not changed but I guess there's some paperwork to be done for inmigration purposes so he is legally as student for the wait? I have no idea how to go from adjustment of status to student for the wait I called Uscis and of course they are clueless

He needs to be in status when seeking to adjust.

[Hypnos 6,576]

If he's filed the I-485 then he can just keep renewing his EAD and AP for free until his priority date becomes current under the AFA date I believe.

At that point USCIS will schedule him for an interview and if everything checks out he'd become an LPR.

He is locked in once the I-485 has been filed.

Edited November 23, 2016 by Hypnos

[Texansforever 2]

So you think he is locked in at 20 years 4 months? That's when we filed i485 but once again he was current on the "final column" not the "final action"

If he's filed the I-485 then he can just keep renewing his EAD and AP for free until his priority date becomes current under the AFA date I believe.

At that point USCIS will schedule him for an interview and if everything checks out he'd become an LPR.

He is locked in once the I-485 has been filed.

[Hypnos 6,576]

That is my understanding.

[Juliak 3]

I'm exactly in the same boat, I sent AOS in October and I'm turning 21 in February. I called USCIS and talked to the officer and he said my AOS has to be approved by the time I turn 21 + time I-130 was pending which means I have time till June 24th. However, it usually takes around a year to approve I-485 and I have 8 months so I guess I'll be switched to category F2B

[Texansforever 2]

Ugh! That's the thing I don't know if they take the time the "i485" was pending since the CSPA says that you have to substract the time for pending visa applications from your biological age.... when I find out I will update and let you know what happens in his case... is in my understanding that what Hypnos says is right the age is the one you have when you submit the i485 at least that's how it worked with the old visa bulletin so I don't know what they will do in this cases when a child turns 21 inbetween the "filing date" and the "final action date"... I'll update this when I find out what happens in his case! His "final action" date should be current in 3-4 months.... when the final action is finally current do they send a letter? Do they update anything on the USCIS case status?! Or we just sit and wait.... if I don't hear anything after his date is finally current I will do and infopass or something!... if anyone else knows the outcome of this please share!!!!

I'm exactly in the same boat, I sent AOS in October and I'm turning 21 in February. I called USCIS and talked to the officer and he said my AOS has to be approved by the time I turn 21 + time I-130 was pending which means I have time till June 24th. However, it usually takes around a year to approve I-485 and I have 8 months so I guess I'll be switched to category F2B

[Juliak 3]

You substract the time when I-130 was pending, not i-485