Does the Child Status Protection Act protect children of LPR abroad?

[mathewax123 2]

Let's suppose my mom, a legal permanent resident, files a I-130 for me, when I'm about to be 20 years old, approved >1 year later (usually) when I'm already 21, and ~2 years until my priority date becomes current. Will my age freeze under the CSPA? Because, to my understading, basically your age freezes the moment your I-30 is properly filed, until it is approved, and when your priority date becomes current, you have one year to file, accordingly, in order to get a green card, but apparently this only applies to U.S. citizens. And legal permanent residents wanting to bring their children, have it much more harder, with a lot of conditions, since usually F2A benefited children fall to F2B priority because they turn 21 and the CSPA has really strict rulings when it comes to LPRs . According to everything I have read I can only know for sure with specific dates, especially considering my mom is not an U.S citizen. There's a somewhat complicated formula in this guide http://www.nolo.com/legal-encyclopedia/how-the-cspa-helps-family-based-preference-relatives-derivative-beneficiaries.html , but as I stated, it needs the specific dates. Does anyone have any sort of experience or a better understanding of the whole CSPA? 

[Hypnos 6,578]

As you say, your age is only frozen under CSPA if you're the beneficiary of an immediate relative petition filed by a US citizen parent when you're under 21.

 

When you're instead filed for under a family preference category, the only protection CSPA grants is that you can deduct the time the I-130 was processing from your biological age to arrive at your "CSPA age" once your priority date becomes current. 

 

If you Google "CSPA calculator" and choose the first link, that will provide you with an easy way to use real dates to show that in action. 

[mathewax123 2]

So basically, because of the age in which I file (~20) my chances of being covered by the CSPA are slim to none, right? Because of the time it takes for I-30 processing and for a visa priority date to become current, and since my mother won't be able to naturalize anytime soon, I would fall to F2B, eventually.

[aleful 1,905]

yep, by the time they approve the petition, you will have turned 21, and your mom will probably receive the approval with your new category, under F2B

 

 

[Hypnos 6,578]

Yes, you will likely age-out into F2B. 

Edited August 30, 2017 by Hypnos