Age out problem...Needs help/advice..!!!

M

malia

Registered Users (C)
Gurus,
My son will be age out (21 years) by coming October 2007. (He has completed 19 years in Oct 2005!). Due to PD retrogression, I am doubtful whether my I-485 will get approved by Oct 2007 and wish to initiate the "Age out" process for my son one year in advance! My PD is Jan 2003 & I am from retrogressed country.

Have quick questions:
1. When I should start expedite "Age out" processing of my son?
2. Can one initiate "Age out" process for the child ONE year in advance when he/she becomes 21 yrs?
3. If anybody in same boat like me? and what you did to expedite the "Age out" case of your child?
4. Whats the usual "processing" time frame for such Age out cases?
5. Whether Senator/Congressmon would be of help in such cases?

I tried to go thru Child Status Protection Act (CSPA) but not exactly finding answers regarding when to initiate this process. Like when your child completes 20 years, then one should initiate this process (so as to before child completes his/her 21 years) his/her I-485 will be approved as "exceptional" case?

Thanks in advance.
 
Pl respond..UnitedNations, POJ, Saras, RealCanadian, Susan_Ward

UnitedNations, POJ, Saras, RealCanadian, Susan_Ward & Forum members...

pl respond to my "Age Out" query..I talked to my lawyer & he wrote me that he is looking into it without any "concrete" answer...!

Whether Susan Ward is/was in similar catch like mine?

I am asking in this forum as I felt this fourm is better than "Lawyer"...!

Thanks in advance!!
 
My lawyer told me that I don't have to do anything for that. Once the I485 application was filled the age is frozen at the date the application was filled.
 
Age is frozen?

ADR, Thanks & appreciate your response.

Have a quick question, & wants to clarify my doubts. If age of child is frozen at time of filing I-485 then do you mean that Kids wont get EAD, if they turns to be 15? Because when my Kid become 15, my lawyer asked me to have my kids EAD (though my kid was not intendting work!). ALso, they say if kid turns to be 21 they loose their status as "dependent beneficiaery"..

Bit confused....can you send me personal mail?

adr said:
My lawyer told me that I don't have to do anything for that. Once the I485 application was filled the age is frozen at the date the application was filled.
Click to expand...
 
Here is my case. I140/I485 were filed in June 2004. My son turns 21 in July 2004. In a week after filling I got I140 approved and additional letter from Acting Director Gregory W. Christian And it says:

"In your case, it has been determined that you are eligible for protection under CSPA. Therefore, your application for adjustment will not be affected by your turning 21 years of age. ..."

Now he is getting EAD and AP with the rest of the family.
 
Voldemarv...does it mean that my son will also receive mail when he will trurn 21?

Thanks Voldemarv...
 
malia said:
Gurus,
My son will be age out (21 years) by coming October 2007. (He has completed 19 years in Oct 2005!). Due to PD retrogression, I am doubtful whether my I-485 will get approved by Oct 2007 and wish to initiate the "Age out" process for my son one year in advance! My PD is Jan 2003 & I am from retrogressed country.

Have quick questions:
1. When I should start expedite "Age out" processing of my son?
2. Can one initiate "Age out" process for the child ONE year in advance when he/she becomes 21 yrs?
3. If anybody in same boat like me? and what you did to expedite the "Age out" case of your child?
4. Whats the usual "processing" time frame for such Age out cases?
5. Whether Senator/Congressmon would be of help in such cases?

I tried to go thru Child Status Protection Act (CSPA) but not exactly finding answers regarding when to initiate this process. Like when your child completes 20 years, then one should initiate this process (so as to before child completes his/her 21 years) his/her I-485 will be approved as "exceptional" case?

Thanks in advance.
Click to expand...
Check the following Qs and As provided.
1)
Q:Have he applied 485 (for your son )before he is 21 yrs?
Ans:if it is --he is protected already under CSPA
and age at the time of approval has no bearing.Don't worry.
2)
Q:If not applied,Is he eligible to apply for 485 Now?
Ans:If He is eligible(If PD is current),he can apply immediately(before he turns 21) and hence still protected.
3)Q:If he is not elgible to file 485(PD not current)?
Ans:Check when he is elgible(When PD is current).If PD will not be current before he turns 21,he is not covered to file under this category.
You can file 130 after you recieve your GC under Family sposnsorship category 2B,approval of which will take years from now.
-------------------------------------------------------------
Not a legal advise.Lay man's opinion.
 
Thanks Participant..

- Yes, We already applied my sons i-485 when he was 17 years.
- Also, I undersatnd from your inputs that he is protected under CSPA. Did you received this info from your lawyer or from any Attorney website?
- Also, when I asked my lawyer about "Age out" problem of my son, he is NOT confirming anything which you have mentioned that childrens are protected if their I-485 is filed before they completes 21. May be my lawyer have some "monetory" interest in my sons case !!!

BTW, Will you pl let me know from which website you got this Questions / Answers?

Participant said:
Check the following Qs and As provided.
1) Q:Have he applied 485 (for your son )before he is 21 yrs?
Ans:if it is --he is protected already under CSPA
and age at the time of approval has no bearing.Don't worry.
2) Q:If not applied,Is he eligible to apply for 485 Now?
Ans:If He is eligible(If PD is current),he can apply immediately(before he turns 21) and hence still protected.
3)Q:If he is not elgible to file 485(PD not current)?
Ans:Check when he is elgible(When PD is current).If PD will not be current before he turns 21,he is not covered to file under this category.
You can file 130 after you recieve your GC under Family sposnsorship category 2B,approval of which will take years from now.
-------------------------------------------------------------
Not a legal advise.Lay man's opinion.
Click to expand...
 
malia said:
- Yes, We already applied my sons i-485 when he was 17 years.
- Also, I undersatnd from your inputs that he is protected under CSPA. Did you received this info from your lawyer or from any Attorney website?
- Also, when I asked my lawyer about "Age out" problem of my son, he is NOT confirming anything which you have mentioned that childrens are protected if their I-485 is filed before they completes 21. May be my lawyer have some "monetory" interest in my sons case !!!

BTW, Will you pl let me know from which website you got this Questions / Answers?
Click to expand...
This is a very well known feature of CSPA enacted and many lawyers
knows about generally.
search this forum it self under 'cspa' or relevant phrase.there was lot discusssions in earlier years.
Or you can search under www.murthy.com.
If time permits I may give you the links later.
FYI,these Q and As are prepared by me.They are not just copy from any site but compiled by me basing on info' and my understanding from the variuos sites.

If you have any particular issue with your case you wanted to know
(depending on the case)you may consult another attorney
-----------------------------------------------------------
Not legal advise.Lay man's opinion
 
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Appreciate your inputs..Participant, Voldemarv

Participant
- My lawyer categorically told me that he has to go thru this CSPA law, and he will get back to me. Also, lawyer did not confirmed the "obvious facts" like Age of child dont have any bearing, if childs I-485 is filed before he/she turns 21
- Appreciate your time for preparing Q's & A's
- I will search this forum & Murthy.com & other website which you have mentioned
- To have peace of mind, Pl update/send me URL where this CSPA law categorically mentions - "Child is protected under CSPA if child's I-485 is filed before he turned to be 21 and the age at the time of approval has no bearing"

Voldemarv
- Thanks for your URL

Once again thank you guys & send me any URL's/updates that will educate me so that I can talk to my Lawyer for confirmation of these facts

Have good one!
 
malia said:
Participant
- My lawyer categorically told me that he has to go thru this CSPA law, and he will get back to me. Also, lawyer did not confirmed the "obvious facts" like Age of child dont have any bearing, if childs I-485 is filed before he/she turns 21
- Appreciate your time for preparing Q's & A's
- I will search this forum & Murthy.com & other website which you have mentioned
- To have peace of mind, Pl update/send me URL where this CSPA law categorically mentions - "Child is protected under CSPA if child's I-485 is filed before he turned to be 21 and the age at the time of approval has no bearing"

Voldemarv
- Thanks for your URL

Once again thank you guys & send me any URL's/updates that will educate me so that I can talk to my Lawyer for confirmation of these facts

Have good one!
Click to expand...
Malia,
I want to make it clear/reiterate that I didn't mean or said the law had

stated straight on the issue as 'Child is protected...485' etc etc.
What I meant was it was just the understanding from the law and

discusssions on other sites/chats,since asit is, this law is not

straight.No disagreeemnt on that.
Only thing is -the law mentions about the basic isssues of 'Visa

availability'and child age etc only and no explanations.
The claculations related to visa availabilty after visa petetion is
approved,age locking and related things is to be seen for or to derive
an idea, can be had only from the explanation details in the websites
(The earlier info' posted was an understanding from the sites over the time).

Here in your case the one issue is clear--
Your 140 took aprox.9 months from filing to approval(from your time line )and seems your son was eligible and allowed to file 485 at the time of Filing AOS.
Review from this angle yourself further to get an idea to the extent possible .

Just a quick search resulted the following(more if time permits).
You may check this.
http://www.murthy.com/news/n_impret.html

-------------------------------------------------------
Not a legal advise.Lay man's opinion.
 
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Good news from my lawyer

Here is a link to INS Memorandum
http://uscis.gov/graphics/lawsregs/handbook/CSPA2_pub.pdf
Check page 3.

------------
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.
--------------

So all people that already filed I-485 are OK. For others it could be another headache.
 
Hi

Sorry for the delay I have been in transit and not on forum

The CSPA is very complicated

Even though many immigration attornies say my son is protected the consulate disagree

My husband filed I 824 for son before he was 21 years and pending at enacment of CSPA. He was 21years in 2002 and was accorded 45 days after his 21st due to section 424 of patriot act. However bothe CSPA AND Patriot act apply, so better benefit shoudl be accorded to my son

The cspa is NOT retoactive (as a rule) but son is protected under a limited exception

Husband could not file I 485 for son . You can only do this if son is in the USA.

Even though your attorney says your son is protected it seems the decision is up to the person who looks at case and interprets. In my sons case they interpreted wrongly so now have a fight on my hands to prove son is protected

For your own piece of mind , I would recommend you write to the DOS and copy service centre asking for an advisory opinion, to see if they can confirm to you in writing that your child is protected and you do not need to red flag case!! Also to advise of childs forthcoming 21st, , send certified mail

Also contact another attorney for second opinion and get written confirmation incase of problems.

If your child is in US you should file I 485 before he is 21 years. If in home country, and will follow on to join you you need to fill in I 824


Regards Sue
 
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Thanks for sharing info of your sons case

Susan, many thanks for sharing your sons case with all of us!!

- My son is in USA, we have already filed his I-485 in Oct 2003 and last 3 years he have EAD. He was 17 years when we applied his I-485. I am from retrogressed country (and looking at PD retrogression for my country), I am extremely un-comfartable whether my/my sons case will approve when my son turns 21 next year!
- I asked my lawyer regarding CSPA & he was responding me in a such way that I felt that he wants to read CSPA & needs some time to do his "home work" before he advice me on my sons case
- However, it seems that advice of my lawyer to have my sons EAD (though my son is not using his EAD!) will help my sons case
- Looking at some "obvious" things regarding my sons case, hope his case is in better shape...

Will also ask second opnion of another lawyer and praying "almighty" to move PD very fast for ALL retrogressed country!!!

"Sharing info" between forum members is one of the best "aspect" of this forum and many time we get some "answers" before our laywers study "law books"!!!
 
Malia,
Looking at your case, I think you are OK. Read INS memorandum again. They talk that if visa was available at the moment when I-140 was approved - your son age will be freezed at that moment.
 
waiting for my lawyers feedback...Thanks voldemarv, Participant & Susan Ward

voldemarv said:
Malia,
Looking at your case, I think you are OK. Read INS memorandum again. They talk that if visa was available at the moment when I-140 was approved - your son age will be freezed at that moment.
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