Under 21 and Family Based Green card

[kats99]

My family just received a package from U.S. Consulate for Family based immigrant visa but it doesn't have an application form for me. The I-30 was filed in January 1997 (Receipt Date Jan. 13,1997, approved March 18,1997).

Based on visa bulletin our priority date was available in September 2007 and my 21st birthday was in November 2007.

Based in this situation Am I eligible for Immigrant visa? Can some one explain me the ageout rule in this situation. Should I call consulate and ask for application for my immigrant visa?

Please Help.

 

[TheRealCanadian]

My family just received a package from U.S. Consulate for Family based immigrant visa but it doesn't have an application form for me. The I-30 was filed in January 1997 (Receipt Date Jan. 13,1997, approved March 18,1997).

I believe you subtract 65 days from your age, and if it's under 21 you're OK. If not, you've aged out. You may want to double-check with an attorney right away; you don't have much time.

 

[austriacus]

Some consular websites have detailed information about the CSPA (although I know the CSPA guidance has changed over time so you may want to check for updated info):
Worksheet on the Seoul Embassy website
Info from the Guangzhou Consulate website

There's also information about this here.

The I-130 petition was approved before 8/6/2002 but you aged out afterwards, so it should apply.

Accordingly, you take your age when the principal applicant's PD came current and subtract the time the I-130 was pending, which would have made your age at the time the PD came current approx. 20 years and 8 months. (Anyway, you were 20 when the PD came current even without subtracting the I-130 pending time.)

So I would say the answer is YES you are eligible. You have to apply for an immigrant visa before September 2008. Strictly speaking (according to the Guangzhou Consulate), only the principal applicant has to apply by September 2008 and file an I-824 for you before September 2008.

But, someone correct me if I'm completely wrong. CSPA is very complicated and I may not know all the nuances.