CSAP and i 130 pending f2a

[mmaslanka87]

Simple question guys , if I file i130 while being lpr for.my daughter that is 20 years and 2 months for example petition will be pending for 25 months once approved I can deduct 25 months for her "at the time age ".to get csap age and she has one time to have her priority date to become avalaible for filing i485 ... that I understand but ! What if she turns 21 with petition pending for example she is 21 and 5 months and at that time I become us citizen ... if I upgrade i130 does she goes to category for children over 21 ? Or she goes to immediate relative and age of petition pending will be still deducted at thr moment I would file i485 which is right away I get my citizenship. No lawyers can answer me directly because it is simple but doesn't happen often. I would love to do it this way because that way she can adjust her status here without filing for waiver 601 and going back to country and doing all the paper work.. basically can I still deduct pending time of i130 approval from her age so it at the time I am us citizen she doesn't need to wait for current priority date .. as she becomes us relative so basically she would be still 20 years and 3 months in the eyed of immigration,?

 

[newacct]

What if she turns 21 with petition pending for example she is 21 and 5 months and at that time I become us citizen ... if I upgrade i130 does she goes to category for children over 21 ? Or she goes to immediate relative and age of petition pending will be still deducted at thr moment I would file i485 which is right away I get my citizenship.

If you live in the 2nd Circuit or 9th Circuit, it will automatically convert into the Immediate Relative category. If you live in any other circuit, it will automatically convert into the F1 category, which has a much longer wait than F2A. See this page, scroll down to "LPR Parent Petitions for Child who Turns 21", as well as 9 FAM 502.1-1(D)(6).(2)(a)