Do I need to arrive in the US before turning 21 even if my visa expiration date is beyond it?

[Najiiii 0]

Hi all,

Need help in my situation.
I am in F2A immigrant visa.

I am turning 21 on April 16, 2020 and I just got my immigrant visa and my visa expiration is on August 15, 2020.

Since there is less than a month before I turn 21, I might not be able to enter the US in time before my 21st birthday.

I am trying to look for info for days now but I can't find the answer to my question clearly.

Do I need to enter to the US before I turn 21?
If yes, do I need to do anything or will I encounter any issues?

I've seen below in the embassy's page but I read some in the forums that says otherwise..

When You Should Travel – You must enter the United States before the expiration date on your visa, which is usually six (6) months from the date of printing. Your visa cannot be extended and all fees are nonrefundable. The principal applicant must enter before or at the same time as other family members with visas. Unless they are eligible for benefits under the Child Status Protection Act, children who are issued a visa before turning 21 years of age must enter the United States before their 21st birthday to avoid losing their immigrant status.

Would appreciate if the person answering can post any references on their answer.

Thank you!

Cheers,
 

[milimelo 4,481]

You have plenty of time to get a ticket and make it to the US before you turn 21. And what are you talking about less than a month? March just started - you have over 30 days to get the plane ticket.

 

You’re in the category that requires you to activate your immigrant visa before 21 years old - do not squander your chance. 

[Najiiii 0]

9 minutes ago, milimelo said:

You have plenty of time to get a ticket and make it to the US before you turn 21. And what are you talking about less than a month? March just started - you have over 30 days to get the plane ticket.

 

You’re in the category that requires you to activate your immigrant visa before 21 years old - do not squander your chance. 

thanks for your response. Getting the ticket is the easy part but I also have to tie loose ends. I have a job and I also am in uni. If I can have even just a month more to sort it out, that will help me a lot. It says that I need to enter before 21 if I am not eligible for CSPA but I am eligible for it I think. I just can't find a definitive answer in my situation.

[Quarknase 1,072]

You will have to travel to the US before your 21st birthday. Reference: the quote you posted.

Your passport will be stamped and you can leave afterwards to wrap up your life in your home country.

[geowrian 22,337]

Key phrase: "Unless they are eligible for benefits under the Child Status Protection Act" Reference: https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7

It's impossible to know if this exception applies to you given the information provided. Assuming the requirement of applying for the benefit within 1 year was met, you probably would be eligible for CSPA.

 

But on a practical level, I would highly suggest activating the visa before turning 21. The CBP officer(s) you meet may not know CSPA applicability. A CSPA eligibility determination is typically adjudicated by NVC or the consulate, not something you do via CBP.

[SusieQQQ 11,586]

If you’re F2A you likely have leeway from CSPA.... but you clearly don’t know how much, and as geowrian noted, CSPA calculation is usually done by consulate before visa issuance. It wasn’t necessary in your case because you were still under 21 at the time. It’s probably over cautious but I’d agree with those who suggest traveling before you turn 21, to avoid complications. 

[retheem 566]

19 hours ago, Najiiii said:

thanks for your response. Getting the ticket is the easy part but I also have to tie loose ends. I have a job and I also am in uni. If I can have even just a month more to sort it out, that will help me a lot. It says that I need to enter before 21 if I am not eligible for CSPA but I am eligible for it I think. I just can't find a definitive answer in my situation.

But why would you want to risk loosing your status? Just come, activate your green card and get your re-entry permit to go back and do whatever you want. A re-entry permit. 

[SusieQQQ 11,586]

20 minutes ago, retheem said:

But why would you want to risk loosing your status? Just come, activate your green card and get your re-entry permit to go back and do whatever you want. A re-entry permit. 

You don’t need a re-entry permit for an absence of less than a year. 

[Just Paul 4,595]

2 hours ago, retheem said:

re-entry permit

No need for a re-entry permit if the is coming back within a year.

 

OP:  Be cautious of taking advice from people without timelines.

[SusieQQQ 11,586]

1 hour ago, Paul & Mary said:

No need for a re-entry permit if the is coming back within a year.

 

OP:  Be cautious of taking advice from people without timelines.

^ Some of us don’t have timelines because the way they are set up on VJ is useless for some visa categories. (I was “other” because there isn’t even a DV category to select.)