daughter aged out?

[gstrength 20]

On September 2020, my good friend filed a I-130 for his daughter. She was 19 yo at the time,  ( five months away from turning 20) and pregnant. About 8 months after filing, he received an RFE asking for proof of relationship between him and his daughter. When filing the I-130 we submitted a copy of birth certificate where is stated that she is his legitimate daughter, he did not know what to send so he did not send anything and pretty much gave up. With this situation and his daughter moving to Norway with the father of her child, he did not think of  it anymore. Fast forward on october 28 2022 he received an email from the NVC saying:   "Notice of Immigrant visa creation" stating that they received an approved application from USCIS and they were ready to process his daughter's immigrant visa. His daughter is back in Argentina, still unmarried but with a baby and having lived in Norway for only 9 months.

Question: Since clearly now she has turned over 21, has her visa category changed? How can we know her visa category?

 

Thank you

 

[Mike E 11,739]

No age out because I-130 was filed before age 21 https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa
 

“If you are an immediate relative, a VAWA self-petitioning abused spouse or child of a U.S. citizen, or a derivative child of a VAWA self-petitioning abused spouse or child of a U.S. citizen, your age is frozen on the date the Form I-130 or Form I-360 is filed. If you were under the age of 21 at the time the petition was filed, you are eligible for CSPA and will not age out. However, you must remain unmarried in order to qualify.”

[gstrength 20]

could you tell me her visa category

[Mike E 11,739]

19 minutes ago, gstrength said:

could you tell me her visa category

IR-2

 

not sure why it matters.  

Edited December 11, 2022 by Mike E

[gstrength 20]

thank you

[jan22 3,053]

Was your friend a US citizen at the time he filed the I-130 or has he become one since?  Or is he an LPR?  (Sorry if I missed that information anywhere in your post. I know the post is in the "Family of US Citizen", but people sometimes post in the wrong section.)

 

The answer to thIs makes a difference for the baby of his daughter.  if she is the daughter of a US citizen (IR2), she cannot bring the baby as a derivative on her vIsa case.

Edited December 11, 2022 by jan22