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PhiLandShiR

The 'Ageing Out' process...

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I found this information here: http://www.visalaw.com/02jul4/12jul402.html

Immediate relatives and family preference cases where a visa is immediately available - Under the current law, when a US citizen parent sponsors a child under the age of 21 for a green card, the child is considered an immediate relative and can process a green card application without being subject to a backlog relating to a quota. However, once the child turns 21, they automatically convert to the family first preference category as an adult child of a US citizen. That category is currently backlogged several years because it is subject to a quota under the Immigration and Nationality Act. There are also changes for children of permanent residents. These children are classified under the 2A preference category. When a child turns 21, the cases have automatically converted to the 2B preference category for adult children of permanent residents. 2A cases are normally backlogged much less than 2B cases. The new law states that the age on the I-130 petition filing date controls a person's classification and not their age when the case is adjudicated. So one who is a child of a citizen or permanent resident under the age of 21 when an application is filed will be considered as a child under 21 throughout the case.

I am really confused as to whom this is speaking about. It seems that they are talking about a USC but at the very end it says permanent resident.

I am trying to understand what happens to a child under 21 of a permanent resident, when that child turns 21.

This seems to say that if the paperwork is filed before the child turns 21, and is then approved after the child turns 21, the child can still get a visa in 2A class...

Am I reading this correctly?

-Phil


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