Aged Out !?!

D

drouch

New Member
Hello,
Please help me to understand the following:
My grandfather filed form I130 for my married mother on December, 1999, he recieved an approval for his petition on January, 2002. My sister who was included in this petition as a derivative beneficiary was 15 yo at that time (January 2002). In August, 2007 my grandfather recieved letter from the Department of State to continue the processing for an immigrant visa. However, my sister turned 21 last July. Will she be "aged out"?

Thanks
 
Child ststau protection act does not cover this case. The petition was already approved by August 2002, when the Act was enacted.
 
consular processing issues-age out

Please check with an immigration lawyer about the age out process. There may be some hope for your sister once the application was filed before she aged out. homeland security had given new directions on the application of this law .It takes into consideration the retrogression and children who were aging out during the delayed processing of the big backlog of applications during 2007.
 
Well, maybe it has not aged out.

8. Paragraph 17 of Ref A advised that on a preliminary
basis, Department would interpret CSPA Section 8 to mean
that beneficiaries whose petitions had been approved prior
to 8-6-02 could not benefit from the CSPA unless the
beneficiary actually filed an immigrant visa application
before 8-6-02 and no "final determination" had been made
on that application. This preliminary interpretation has
since been refined. Under the revised interpretation, if
the petition was approved before 8-6-02, then the CSPA
will not apply unless either:
(a) the alien aged out on or after 8-6-02, or
(b) the alien aged out before 8-6-02 but, prior to aging
out, had applied for an immigrant visa and was refused
under 221(g).
Click to expand...

In August, 2007 my grandfather recieved letter from the Department of State to continue the processing for an immigrant visa
Click to expand...
When did your sister file DS-230? She was supposed to file it within a year of the priority date having become current.
 
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