Aging out before interview

[whateverd 15]

Hi my kid is turning 21 in mid November. His I-130 only took a month for approval so, his adjusted age will be December 15. His priority date is November 2023 and final action is Jan 2023.

 

so most likely he will age out before the interview, we did pay the immigration fees and the ds260. Does he stand any chance? Is the sought to acquire relevant here?

[Nashmusah 29]

19 minutes ago, whateverd said:

Hi my kid is turning 21 in mid November. His I-130 only took a month for approval so, his adjusted age will be December 15. His priority date is November 2023 and final action is Jan 2023.

 

so most likely he will age out before the interview, we did pay the immigration fees and the ds260. Does he stand any chance? Is the sought to acquire relevant here?

Yes, a 21-year-old child can still have a chance to be approved on an I-130 petition if they are considered an "unmarried child" of a U.S. citizen, thanks to the Child Status Protection Act (CSPA) which "freezes" their age at the time the petition is filed, allowing them to be considered a child even if they turn 21 during the processing time; however, they must remain unmarried to qualify. 

 

[Boiler 45,753]

1 hour ago, Nashmusah said:

Yes, a 21-year-old child can still have a chance to be approved on an I-130 petition if they are considered an "unmarried child" of a U.S. citizen, thanks to the Child Status Protection Act (CSPA) which "freezes" their age at the time the petition is filed, allowing them to be considered a child even if they turn 21 during the processing time; however, they must remain unmarried to qualify. 

 

Child of a LPR

[SteveInBostonI130 3,471]

55 minutes ago, Nashmusah said:

Yes, a 21-year-old child can still have a chance to be approved on an I-130 petition if they are considered an "unmarried child" of a U.S. citizen, thanks to the Child Status Protection Act (CSPA) which "freezes" their age at the time the petition is filed, allowing them to be considered a child even if they turn 21 during the processing time; however, they must remain unmarried to qualify. 

 

 

This is incorrect information.  CSPA does not "freeze" the age at the date of petition submission.  CSPA allows for age adjustment while waiting for an immigration visa.  Basically, the time it takes for USCIS to approve the I-130 is subtracted from the real age of the child.  Example, "child" is 22 and 3 months when an immigration visa number is available.  It took 2 yrs and 2 months for USCIS to approve the I-130.  The CSPA age of the child is 20 years and 1 month, which is under 21, and therefore the child qualifies for the visa.

 

OP, I assume your category is F2A?  Oct 2024 visa bulletin shows November 2021 for PD dates for all areas except Mexico, which is March 2021.  It will be 2-3 years before your child's PD becomes current, and therefore your child will age out and will be changed to F2B.  This will add 5 years to the wait for all areas except Mexico and Philippines.  For Mexico it will be an additional 16 years+, for the Philippines it will add 10+ years.  Your child must remain unmarried.

 

The only way to not age out is if you become a USC in the next month.

[Boiler 45,753]

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