I-130 for USC child - Age Out - CSPA

S

Singh4US

Registered Users (C)
I am a USC and recently just filed a I-130 for my 20 year old son (stepson) who lives abroad (India). Can you please advise me if he will be covered under CSPA as he will soon become 21? I married eight years ago, and until now, my son hasn't wanted to immigrate.

Thanks in advance!
 
How close is he to his 21st birthday?

Singh4US said:
I am a USC and recently just filed a I-130 for my 20 year old son (stepson) who lives abroad (India). Can you please advise me if he will be covered under CSPA as he will soon become 21? I married eight years ago, and until now, my son hasn't wanted to immigrate.
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Jackolantern said:
What? Why have him in F1 waiting for years?

Anyway, the I-130 has already been filed before his 21st birthday, and he will be protected by the CSPA as an Immediate Relative.
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Thank you for your reply. I did think that my son would be protected by the CSPA.
 
I missed the I-130 had been filed. I thought the OP was thinking about filing an I-130. Brain freeze.

Regardless, if the I-130 has been recently filed and the child is 5 weeks away from his 21st birthday, how will CSPA help the child in all practicality?

Jackolantern said:
What? Why have him in F1 waiting for years?

Anyway, the I-130 has already been filed before his 21st birthday, and he will be protected by the CSPA as an Immediate Relative.
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If the I-130 is filed for the unmarried child of a USC before the 21st birthday, the CSPA freezes the age as of the filing date.
 
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