Age and Green Card Petition

[jannikins]

Hi all,

My dad, a green card holder, filed form I130 for me when I was only 20 years old. Now, I am 22 and still waiting for it to be approved. I would like to know if my age would change my status from “unmarried son/daughter under 21” to “unmarried son/daughter over 21” considering that the application was filed before I turned 21.

Thank you very much!

J

[PraetorianXI]

I believe what matters was your age at the time of the filing of the petition.

[Triple Citizen]

Jannikins,
If approved, your category will be F2B and not F2A. Just don't get married before your father naturalises.

[jannikins]

Somebody says that I have refile my application again because I am over 21 and Homeland Security doesn't do this so and so...

Is that true?

[LucyMO]

no need to refile. You will automatically get into a F2B category, since you age out.

[ustas]

duuhhh..
Nope, unless they change the law again,
you are not "Aging Out"

Source: http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

How Do I Prevent My Child From Losing Benefits at Age 21 ("Aging Out")?

What is an "Aging Out" case?
An "Aging Out" case is a situation referring to a person’s petition to become a permanent legal resident as a "child" (for definition please see child as defined in the Immigration and Nationality Act), and in the time that passes during the processing of the application, the "child" turns 21, and "Ages Out."


Under immigration law, a person wishing to become a permanent resident based upon his or her status as a "child" must meet the definition of child as found in the Immigration and Nationality Act. In general, this person must be unmarried and under the age of 21. Prior to the passage of The Child Status Protection Act (CSPA) on August 6, 2002, if the child turned 21 years of age before his or her adjustment of status was completed, the child "aged out" and could not become a permanent resident.



Does The Child Status Protection Act (CSPA) prevent my child from “Aging Out?”
If you are a United States Citizen petitioning on behalf of your child, yes, the CSPA prevents your child from "Aging Out." If you are a Legal Permanent Resident petitioning on behalf of your child, a formula for timing is clarified in the September 20, 2002, CSPA memo for you to review.



The CSPA was enacted on August 6, 2002. This law amends the Immigration and Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification. This law changes who can be considered to be a "child" for the purpose of the issuance of visas by the Department of State and for purposes of adjustment of status of aliens by the U.S. Citizenship and Immigration Services (USCIS).



Under the CSPA, if you are a United States citizen and you file a Form I-130, Petition for Alien Relative, on behalf of your child before he or she turns 21, your child will continue to be considered a child for immigration purposes even if the USCIS does not act on the petition before your child turns 21.



Under the CSPA, if you are a lawful permanent resident and you file a Form I-130 on behalf of your child before he or she turns 21, your child’s age will be determined using the date that the priority date of the Form I-130 becomes current, minus the number of days that the Form I-130 is pending. In addition, your child must seek to acquire the status of a lawful permanent resident within one year of visa availability. This provision also applies to derivative beneficiaries on family-based and employment-based petitions.



For a more detailed explanation of the CSPA, please review both the guidance memos, H.R. 1209 – The Child Status Protection Act, August 7, 2002, and The Child Status Protection Act, September 20, 2002, on this matter.

If you need further information, please call customer service at 800-375-5283.

[LucyMO]

Under the CSPA, if you are a lawful permanent resident and you file a Form I-130 on behalf of your child before he or she turns 21, your child’s age will be determined using the date that the priority date of the Form I-130 becomes current, minus the number of days that the Form I-130 is pending. In addition, your child must seek to acquire the status of a lawful permanent resident within one year of visa availability. This provision also applies to derivative beneficiaries on family-based and employment-based petitions.

he'll pretty much age out unless the petition will be pending for 4-5 years. Then, when the PD becomes current, he will subtract the pending time out of his age at that moment, and if that gives him age under 21 - he didn't age out.

[ustas]

well it seems like so.
Everyone says that it took 6 or more years for F2a's for their visa to become current.

and unless I'm missing something here, I thought it meant that whenever your pending I-130, and child was petitioned before 21, the age locked-in that age?
or that I-130 is approved, and applied for I-485 within a year.

and the notice says that USCIS processing I-130 as a visa number becomes available.

[LucyMO]

the age freezes at the time the petition is filed, and unfreezes and keeps ticking when the petition is approved. You then subtract that time out of your actual age on the day your PD becomes current. If the results puts you at <21, you didn't age out.

[ustas]

well...
e.g.

20(1/1/2005) years old filed:
8 months later he turned 21(9/1/2005):

11 (8/1/2006) months later: I-130 approved
I-130 send to NVC
Visa pending for 5 years(8/1/2011)


actual age-PD - I-130 pending

26 (years old )-5(years)-330days(or 11 months)

= 21 -11 months =
20 and 1 month.
F2A!


Many years ago, USCIS created CSPA, because of the woes of LPR's that's been waiting for many years (10+ years) to have their family live with them here in the United States.
Since they are to age-out, parents wanting to expedite cases, creating backlogs to many immigrants.
and now, the USCIS noted to I-130 that they are processing cases that have current visa availability.
I don't know what will the USCIS will be after 7/31/2007
The new processing fee dates and mentioned that USCIS makes the processing much faster.

[popale]

Why is the new proposed Immigration Reform trying to change the rights of parents of US CITIZENS. Parents of adult US Citizens have a right to be and live in America since they have roots in this country. I am a US Citizen and what if I want my mother to come here with the same rights as I do?.
Why capping these rights, Maybe because the people that decided on this reform do not have foreing ancestors or parents , and they just simply dont care. Parents are the first relative to any person, and they should be respected.

Why a Reform, why dont just move on the waiting lines or periods instead of having to wait for so long now. I dont think that giving rights to illegals would be something good, since those people broke the law coming to this country illegaly, and for example, parents of US citizens that *Are not immigrants" or do not live in this country illegaly did not broke any law, instead they respected the law.For that , they should be punished?¿....

An amnesty for the Illegal People can be seen as an amnesty to any felon that has some jail time for a small felony, so why dont give them an amnesty too.... There are people in jail for small things like shoplifting or car theft , Lets give them amnesty too.. or is not the same, the stoled because they needed a "better life" the same way the illegals do , so what is the difference?¿..

Some politicians want to get more votes, but the illegals are not people to trust in that sense.... Beliveme..:!!!

[ustas]

well sorry about your situation.
But I don't really understand what you are trying to say here.
And besides it looks like your replied on the wrong topic.

[susan ward]

Hi Folkes

The cspa is badly written and does not protect all children from aging out. www.expatsvoice.org has written is own draft amendment to the cspa and passed to Congressman Dave Weldon's office. He in turn has passed to his legislators department for review and waiting a response to see if they will proceed

There has bee no final cable on this subject and only recently a new cspa case was challenged and sucessfull in Feb 2007, so there is a lot of hope I urge you all to contact your congressmen and also Dave Weldon's office and ask for amendement

[LucyMO]

Originally Posted by ustas

well...
e.g.

20(1/1/2005) years old filed:
8 months later he turned 21(9/1/2005):

11 (8/1/2006) months later: I-130 approved
I-130 send to NVC
Visa pending for 5 years(8/1/2011)

actual age-PD - I-130 pending

26 (years old )-5(years)-330days(or 11 months)

= 21 -11 months =
20 and 1 month.
F2A!

you only get to subtract the number of days I-130 was pending - 11 months. Not the number of days until the PD was current - 5 years. The person will age out.

your child’s age will be determined using the date that the priority date of the Form I-130 becomes current, minus the number of days that the Form I-130 is pending.