Consular processing and age out child

[janiev]

Hello.
I am US citizen. I've petitioned for my sister. Petition has been approved. We've waited 10 years for visa availabity. Visa is available as of April 1.
Everything is going ok. Except for one thing.
My sister has 20 years old daughter who will turn 21 in 2 month.
I've called to the US embassy to ask them to schedule their interview before she age out. What a disappointment.
They say that they are doing some kind of additional checks on my sister's family and are not able to tell me when it would be finished and how soon they can arrange the interview.
They say, that my niece is elligible to immigrate with her mom as child as long as she is not married.
Ok. I know that.
What I don't know is: will she still be eligible if consulate takes 4-6-8 month to finish the checks? She'll be way over 21 then.
Really-really-really bad day today.

 

[c0de]

please excuse me if this sound trivial, but is your niece's age physically almost 21 ? because there is a bill that protects age out, which in short states that the years where the application is pending do not count.

you can read more about that in: http://www.immigration.com/newsletter1/summarychildact.html

i truly hope this is the case, and for my sake i truly hope that what i said was true