Will I Age Out Too Soon- Help!

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wilderness1

Registered Users (C)
Will it be too late to file concurrently an I-130 and I-1485(Adjustment of Status), in say mid November 2011 when child will be turning 21 at end of January 2012? Will the child protection act still take effect? Father is US Citizen. Don't see any way to be able to apply sooner and very stressed.
Any information would be much appreciated. Thanks a mil!
 
When the I-130 is filed by a US citizen parent before the child turns 21, the child's age is frozen according to the CSPA and it won't matter if you turn 21 during the process (as long as the I-485 is filed or an immigrant visa is sought no later than a year after I-130 approval).

Filing the I-485 has several requirements and more paperwork and cost, but the I-130 is much less burdensome. What is stopping your father from filing just the I-130 right now? The I-485 can be filed later (but it must be accompanied by the I-130 receipt notice or approval notice if not filed together with the I-130).

Where are you ... inside or outside the US? If inside, legally or illegally? Was your father a US citizen before you were born?
 
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Thanks so much for taking the time to reply. I'm afraid there is no easy way to answer you, but it is a good question. I'm in South Africa with my mother and siblings. I have been trying to find the right way to go about this paper work for virtually the whole year. For some reason until lately I was under the impression that you had to apply for the adjustment of stutus in order for your age to be frozen. No idea why. So I have been making plans to move before my birthday and get the whole lot of papers in at once. Not the most preferable way in my books though because you have to stress more when coming into the country and so forth. But now I'm not sure I really want to wait six to eight months for the paper work to process - it sounds stupid and whimsical I know but there are a great many personal matters wrapped up in it.
I understand that once you file your age should be frosen -so I'm probably stressing for no good reason. I guess I am just used to the paper work nightmare's we get in this country - where if you send something in nine times out of ten you never hear about it again. I suppose i was just hoping for some reassurance in the system given the short time period.
I've really bungled all this I know- if it doesn't work out I'm sure i deserve it.
Much thanks for your input, i have a lot of food for thought.
 
You need to be in the US to file the I-485. That's problematic for you, since they'll probably refuse entry if they know about your US citizen father (given your age, it's not unlikely for them to ask about your parents), or refuse the tourist visa if you don't have one yet (you have to declare close relatives in the US on the visa application).

Your father should file the I-130 before your 21st birthday, selecting a US consulate in South Africa for question 22. That will freeze your age and then sometime next year you'll get an interview at the US consulate for an immigrant visa. Upon being admitted into the US with the immigrant visa, you're instantly a permanent resident (no adjustment of status, because you completed the immigrant processing at the consulate) and your green card will be delivered within a few weeks.
 
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