Age-out criteria if I-130 processing delayed for USC-brother(F4)

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immigrant2020

New Member
My brother's I-130 is pending for 7+ years. When the I-130 was filed(2012), my brother's son was 7 years old.
He turns 15 this year.

Will the number of years of delay in processing I-130 be added to the cut-off age at consular processing time for my brother's son ?

Or will the age-out cut off be 21 years unconditionally (no matter what) ?
 
Am in a similar boat. Response to this would immensely help me too.
Susieqqq - can you please tag an attorney to get a view on this?
Thanks for your help.
 
I can’t tag an attorney, but the CSPA calculation is pretty straightforward. You can find a calculator for exact days but the basic formula is : time from priority date to petition approval date is subtracted from the actual age to get CSPA age. If CSPA age is under 21 on the date a visa becomes available then the person is eligible for a visa, as long as they seek to acquire a visa within one year from that date. The date a visa becomes available is the later of priority date being current or approval date.

it is important to note that the only delay that counts towards the CSPA calculation is the time between properly filing (priority) date and approval date. Only that part represents a “delay” on the part of USCIS. The wait after that for the PD to become current does represent time “ticking away”.

@immigrant2020 have you received notice of approval of petition yet? What is the date on that if so?
 
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