F4 category: I130 approved: beneficiary age question

[BroFamGC]

Priority Date 2007
I130 approval Date 2009
Benfeiciaries were both less than 21 yrs of age and thus eligible in 2009. Now one is >21 yrs and the second will complete 21 yrs next year. What age is counted for eligibility? When I130 was approved? Or when the date becomes current? Please advise

 

[SusieQQQ]

Priority Date 2007
I130 approval Date 2009
Benfeiciaries were both less than 21 yrs of age and thus eligible in 2009. Now one is >21 yrs and the second will complete 21 yrs next year. What age is counted for eligibility? When I130 was approved? Or when the date becomes current? Please advise

The formula is : CSPA age = actual age less the time difference between priority date and approval date
The CSPA age must be under 21 on the date when a visa becomes available (this is the later of either approval date or priority date being current)

 

[BroFamGC]

The formula is : CSPA age = actual age less the time difference between priority date and approval date
The CSPA age must be under 21 on the date when a visa becomes available (this is the later of either approval date or priority date being current)

Thanks so much for the quick response!