Question Regarding aging out (over 21)

O

olando

Registered Users (C)
I have a uncle whose brother filed for him and he put down his two childrens name on the petition as well, way back in 1995.

Well they just got called up for interviews and stuff. The children are now 27 and 23 respectively. The father and the two children got their green cards. How is this possible? :eek:


I thought there was some rule about being over the age of 21? What I can tell you for a fact is the two children are unmarried.
 
Hello all, I would greatly appreciate if someone could answer my question. I am all the more confused as to how that is possible as there is a law regarding aging out. I spoke to someone today and they were telling me about a child protection status act that the president signed into law in August 2000.
 
I would like to help you but I don't know the answer. That's why I, for one, didn't reply. That doesn't mean you're ignored.

Sometimes you need to do your own research
 
Thanks Rex for replying. I hope someone who knows the answer replies. I would love to hear possible reasons as to why two kids over 21 got their greencard together with their parent.
 
olando said:
Thanks Rex for replying. I hope someone who knows the answer replies. I would love to hear possible reasons as to why two kids over 21 got their greencard together with their parent.
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You say he filed in 1995..well that's a long time back.I guess the dates came up..
Quote >>>
If your U.S. citizen parent, brother or sister is petitioning for you on Form I-130, Petition for Alien Relative, and you are married, your spouse and/or children do not require a separate visa petition. If you are unmarried and 21 years of age or older, your children do not require a separate visa petition. In both cases, your spouse and/or children will be included in the visa petition your immediate relative is filing for you. If you are unmarried and under 21 years of age, you will need to file a petition for your children once you obtain lawful permanent resident status.

Quote>>>“Immediate relatives” include:

Spouses of U.S. citizens. (This is the fastest way to get a green card.)
Minor children (under age 21) of U.S. citizens
Parents of U.S. citizens (the petitioner must be at least 21 years old)
Spouses of deceased U.S. citizens who were married at least two years prior to their U.S. citizens spouse’s death and who file within two years of the death anniversary of the spouse and while still unmarried
A child born after the issuance of an immediate relative visa, but before the visa is used to apply for admission to the U.S.

“Preference immigrants” include:

First preference: unmarried sons or daughters of U.S. citizens, includes those children age 21 or older
Second preference: (1) spouses or children of an alien lawfully admitted for permanent residence; and (2) unmarried sons or daughters (not the children) of an alien lawfully admitted for permanent residence
Third preference: married sons or daughters of citizens of the United States
Fourth preference: brothers or sisters of citizens of the U.S. (citizens at least 21 years of age)
Derivative beneficiaries: spouse or child of the principal alien under the family-sponsored preferences is entitled to the same status and order of consideration.

No one is ignoring you..We just don't know the specific answer based on a two line info.Some research on your side would definitely help. :)
 
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Hi Indone thank you so much for your response...............

this is the following information that I have..........


My uncle's brother( US Citizen ) filed for him in 1995 and they included his two sons ( at the time they were 16 and 12 of petitioning) as dependants of him on the petition.


Well my uncle just got his greencard about two weeks ago and his two sons ( now ages 27 & 23 respectively) also got theirs.

Now I think once you are over the age of 21 you are aged out right? How is it possible for his two sons to have gotten their green cards together with him?
 
olando said:
Hi Indone thank you so much for your response...............

this is the following information that I have..........


My uncle's brother( US Citizen )
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Wouldn't that still be your uncle?

My guess at this situation (and it's purely a guess) is that if you file when your kids are under 21 and they turn 21 during the process, it still counts as under 21. I'm not sure where the confusion lies.
 
On 2002 was sign a law that protect the children under categories that they requiere to remains as children. So since the petition was file on 1995 and the law was over petitions who were currently pending (as your uncle's petition) then I think that is why they could received their green cards and avoid the aging out but they should remain unmarried, which you know for fact.
 
olando said:
Now I think once you are over the age of 21 you are aged out right? How is it possible for his two sons to have gotten their green cards together with him?
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Prior to the passage of The Child Status Protection Act (CSPA) on August 6, 2002, if the child turned 21 years of age before his or her adjustment of status was completed, the child "aged out" and could not become a permanent resident.

If you are a United States Citizen petitioning on behalf of your child, yes, the CSPA prevents your child from "Aging Out."

Under the CSPA enacted on August 6, 2002, if you are a United States citizen and you file a Form I-130, Petition for Alien Relative, on behalf of your child before he or she turns 21, your child will continue to be considered a child for immigration purposes even if the USCIS does not act on the petition before your child turns 21. :)
 
indone said:
Prior to the passage of The Child Status Protection Act (CSPA) on August 6, 2002, if the child turned 21 years of age before his or her adjustment of status was completed, the child "aged out" and could not become a permanent resident.

If you are a United States Citizen petitioning on behalf of your child, yes, the CSPA prevents your child from "Aging Out."

Under the CSPA enacted on August 6, 2002, if you are a United States citizen and you file a Form I-130, Petition for Alien Relative, on behalf of your child before he or she turns 21, your child will continue to be considered a child for immigration purposes even if the USCIS does not act on the petition before your child turns 21. :)
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I understand what you guys are trying to say, but my uncle's brother who filed for my uncle didnt file separate petitions for my uncle's two children. They were just put down as dependencies of my uncle on the petition that was filed for him ( and they were 16 & 12 years old at the time ).

I dont think that CSPA act protects them under those circumstances? Does the CSPA apply differently for different categories or countries?
 
I just found a example on this website that explains the CSPA.

Farid, a US citizen, sponsored his brother, Irfan, for a family-based green card. The Immigration and Naturalization Service (“INS”) sent Farid a receipt notice with a priority date of September 1, 1990. Irfan, his wife and two sons, ages 7 and 9, eagerly awaited the INS’s decision to approve the green card petition and looked forward to the countless opportunities in America for him and his children. After waiting 12 long years, Irfan received an approval notice, but his wife and only one son were included on the approval notices. Because his other son was 21 years and 4 weeks at the time the petition was approved, he was no longer considered a derivative of Irfan as he “aged out.” Like Irfan and his family, many families can understand how frustrating it is when a green card petition takes an unreasonably long time and a child listed in the original petition “ages out.” If a person turns 21 before obtaining permanent residency, then he may be completely left out or moved to a different preference category where the visa availability date takes much longer.

On August 6, 2002, President Bush signed the Child Status Protection Act (“CSPA”) into law. It will help prevent a child from losing eligibility for immigration benefits if he turns 21 before the INS or State Department processes the application for permanent residence. Thanks to CSPA, families like Irfan’s can bring their entire family to the United States once the petition is approved.
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read more at the link below

HTML: 
http://www.usvisa1.com/newsletter/archive/november2004.htm
 
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so you mean to so that eventhough the children ages out they can still come with their parents.

i have filed for my sisters in 1999. all the childrens of my sisters are over 21.

current priority date for F4 category is January, 1, 1995. so they have to wait at least six more years.

by the time all childrens will be above 30 years old. are they qualify to come to USA with my sisters ?

please advice.
 
Aging out child and I-140/I-485

Does anyone know when the aging out counts in the case of I-140 and I-485 concurent filling?
Does it start at the time of case receipt or does it start after the green card is completed?

Thanks in advance
llcj
 
That is great for new people but what about those children that were already affected by this.

My Aunt (US Citizen) sponsored her brother (my father) back in 1986. My father rec'd this approval letter in 1999 when I had turned 21 years and 5 days. YES 5 days and my name was not on the list of children. I contested with the embassy but their reply was simple "aged out". Can this new law signed in 2002 apply retro?
 
Can this new law signed in 2002 apply retro?
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as far as I know - no.

Does anyone know when the aging out counts in the case of I-140 and I-485 concurent filling?
Does it start at the time of case receipt or does it start after the green card is completed?
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there is a formula for CSPA that takes into account a lot of factors. Read about it on www.uscis.gov
 
Summary of the Child Status Protection Act which President Bush Signed

President Bush signed legislation on August 6, 2002, that addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of INS processing delays. Prior to this new legislation, in order for an individual to immigrate as a “child” under the immigration laws, the application for adjustment of status or for an immigrant visa must have been acted upon and immigrant status granted before the child’s 21st birthday. Because of enormous backlogs and processing delays, however, many children turned 21 before the INS adjudicated the requisite petition or application. In such cases, the child “aged-out” and was ineligible to receive an immediate relative visa or was no longer considered to be a derivative “child” on his or her parent’s application. The child’s petition was either automatically moved to a lower preference category or the child was required to submit his or her own petition, resulting in years of delays and possible ineligibility.
Under the “Child Status Protection Act” (H.R. 1209, Pub. L. No. 107–208), the determination of whether an unmarried alien son or daughter of a U.S. citizen is considered an “immediate relative child” (under 21 years of age) will now be based on the age of the alien at the time the Petition for Alien Relative (Form I–130) is filed on his or her behalf, rather than on the date immigrant status is awarded. The legislation also provides relief in several other types of situations where aging-out has traditionally been a problem.
Age-out protection for the children of U.S. citizens. Section 2 of the new law extends benefits to the children of U.S. citizens and adds a new § 201(f) to the INA. New § 201(f)(1) provides that the determination of whether an alien is considered to be an “immediate relative child” (under 21 years of age) will be made as of the date on which the I–130, Petition for Alien Relative is filed. Section 201(f)(2) deals with family-based second preference petitions filed by permanent residents who subsequently become U.S. citizens through naturalization. In such cases, the new law provides that if the second preference petition on behalf of the alien child is converted to an immediate relative petition based upon the parent’s naturalization, the child’s eligibility for immediate relative status will be determined based upon the date of his or her parent’s naturalization. Section 201(f)(3) covers situations in which U.S. citizen parents file petitions for married sons or daughters and such sons or daughters later divorce. In such cases, if the original third preference petition (married son or daughter of U.S. citizen) is later converted to an immediate relative petition on the basis of the son or daughter’s divorce, the child’s eligibility for immediate relative status will be determined based upon his or her age on the date of the divorce.
Age-out protection for the children of permanent residents. Section 3 of the new law extends age-out protection to the children of lawful permanent residents, including children who are accompanying or following to join family-sponsored, employment-based, and diversity immigrants. Under the legislation, the age of the alien child on the date on which an immigrant visa number becomes available, reduced by the number of days the petition was pending, will be determinative, but only if the individual seeks to acquire permanent resident status within one year of such availability. (For example, an individual who is 21 years and six months old on the date the visa number became available, but whose immigrant visa petition was pending for eight months, would have his or her age reduced by eight months and would continue to be considered a child.) Section 3 also provides that if the alien is determined to be 21 years of age or older at the time the visa number becomes available, notwithstanding the age-out protection extended under this section, his or her petition will automatically be converted to the appropriate category (typically the 2B son or daughter of permanent resident category), and the alien will retain the priority date associated with the original petition.
Asylum and refugee applicants. Section 4 of the legislation extends age-out protection to the children of asylum applicants, amending INA § 208(b)(3) to provide that an unmarried alien who seeks to accompany or follow to join a parent granted asylum, and who was under 21 years of age on the date the parent applied for asylum but turned 21 during the pendency of the application, will continue to be classified as a child for purposes of derivative asylum benefits. Section 5 of the new law extends this same protection to the children of aliens granted refugee status.
Petitions for sons and daughters of naturalized citizens. Section 6 of the legislation provides that the family-sponsored petition of an unmarried alien son or daughter whose permanent resident parent subsequently becomes a naturalized U.S. citizen will be converted to a petition for an unmarried son or daughter of a U.S. citizen, unless the son or daughter elects otherwise. Regardless of whether the petition is converted, the son or daughter may retain the priority date on the original petition.
Miscellaneous. Section 7 of the legislation provides that nothing in the new law may be construed to limit or deny benefits provided under INA § 204(a)(1)(D) (dealing with battered immigrant children). Finally, section 8 of the new law provides that the age-out relief extended under the legislation took effect upon enactment and applies to: (1) immigrant petitions that have been approved but where no determination has yet been made on the application for an immigrant visa or adjustment of status; (2) immigrant petitions pending before or after the enactment date; and (3) applications pending before the Department of Justice or Department of State on or after the enactment date.
 
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