HELP! I-130 still pending but I am now over 21!

[Meeks24 1]

48 minutes ago, ConOfficer said:

I think you're going to age out of the F2A category and fall into F2B as the adult child of an LPR. You still have to wait for your priority date to become current and by that time you will be 24 or 25. 

 

CSPA doesn't provide the same kind of protection for the children of LPRs as it does for the children of AmCits. 

I'm actually curious on why you said I'll be 24 or 25 when my PD becomes current. lol

[Hypnos 6,578]

Unless USCIS takes ~2 years to approve your I-130 then CSPA is unlikely to help you. 

 

You will likely age-out into F2B, and it will be roughly an 11 year wait for your priority date to become current. 

[xSawert 1]

I think CSPA protects only the children of US Citizens and not LPR's.

[geowrian 22,338]

6 minutes ago, xSawert said:

I think CSPA protects only the children of US Citizens and not LPR's.

Not at all..LPRS can file an I-130 fine (albeit the visas are are family preference categories, not immediate relative categories).

https://www.uscis.gov/greencard/child-status-protection-act

"Preference Classification for Permanent Residence or Derivative"

"CSPA allows the time a visa petition was pending to be subtracted from the beneficiary’s biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition."

 

Basically, it lets an LPR's petition deduct the time the I-130 was pending from the beneficiary's age.

Edited August 9, 2017 by geowrian