Age out child of intending immigrant

immbie

Registered Users (C)
My sister's daughter is now 15 years old and I know that it takes about 12 years for siblings category of USC. I am petitioning for my sister and her family. So after 12 years, her daughter would be 27 years old (age out) - questions:

Can the 27 year old daughter still accompany the mother to come to the state knowing that the petition was filed when she was 15 years old before the visa for her mom becomes available (I don't know how long that would take)? What are their options?
 
Her daughter would need a very large CSPA adjustment to qualify.

The CSPA allows subtracting the I-130 pending time from the actual age; so for example if the I-130 took 2 years and 90 days to be approved, 2 years and 90 days can be subtracted from her daughter's age and if that result is under 21 when the priority date becomes current, she'd be eligible to join her mother (your sister). But if she's going to be 27 when they reach your sister's priority date, her daughter would need an adjustment of over 6 years to get to under 21. That is possible, but very unlikely.
 
Her daughter would need a very large CSPA adjustment to qualify.

The CSPA allows subtracting the I-130 pending time from the actual age; so for example if the I-130 took 2 years and 90 days to be approved, 2 years and 90 days can be subtracted from her daughter's age and if that result is under 21 when the priority date becomes current, she'd be eligible to join her mother (your sister). But if she's going to be 27 when they reach your sister's priority date, her daughter would need an adjustment of over 6 years to get to under 21. That is possible, but very unlikely.
Hi even after cspa age goes above 21 for like 21 yr 6 month , do they consider & approve visa?
 
Hi even after cspa age goes above 21 for like 21 yr 6 month , do they consider & approve visa?

It either meets CSPA or it doesn't, there's no leeway.

Assuming there is still the F2B category her parents could petition her once they become LPRs, if she remains unmarried, or (assuming F3 still exists) if she marries when they become citizens. None of this is quick of course.

(Also, when did you file the petition? If you are expecting 12 years from now you filed a few years ago? Because if you are filing now it will be much longer than 12 years.)
 
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