Unmarried daughter of Permanent Resident Age Criteria

N

nicpon

Registered Users (C)
I've put in a petition for my daughter who at the time of when petition was filed (filing date was 11/2010) was 20 years old(she was born on 6/5/1990). The petition was approved on 6/11/2011.
Which category is she supposed to be in F2A or F2B?
At which they evaluate the age of beneficiary?

Thank you for your help.
 
Petition took 7 months to be approved, so if we subtract 7 months from her age, she would be considered 21 in about Jan 2012. So she should be in F2B, from what I understand.
 
So
newacct said:
Petition took 7 months to be approved, so if we subtract 7 months from her age, she would be considered 21 in about Jan 2012. So she should be in F2B, from what I understand.
Click to expand...
So isn't Jan 2012 after the approval date, which would put her in F2A or its checked against priority date? I'm trying to understand the logic here...
 
newacct said:
Petition took 7 months to be approved, so if we subtract 7 months from her age, she would be considered 21 in about Jan 2012. So she should be in F2B, from what I understand.
Click to expand...
I did some additional reading and I think I understand what you're talking about.

Thanks.
 
nicpon said:
So

So isn't Jan 2012 after the approval date, which would put her in F2A or its checked against priority date? I'm trying to understand the logic here...
Click to expand...
Approval and the priority date being current are independent things. In order to file for Adjustment of Status or Consular Processing, you need that 1) the petition is approved, AND 2) the priority date for the petition is current for the category.

The date is checked when she files for AOS or CP. She couldn't have filed for AOS/CP in F2A status before Jan 2012, because her priority date was not current for F2A before then. (And in any case, she didn't file.) After Jan 2012, her category automatically changed to F2B, and she now has to follow the priority dates for F2B.
 
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