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rkaushik

What happens when the child becomes 21 years old before the finger printing is completed

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My mother filed I 130 petition for me, my wife and daughter in March 2006.. She is a US citizen.After many years, my NVC case number came in from NVC in May 2010. I was intimated that my I 130 has been approved. It was filed in March 2006 and the NVC case number came in May 2010 stating that the moment Visa number is available, we will be called for finger printing.I have been waiting since May 2010 for the Visa number availibility. When I check the Visa bullettin, it states that the Visa number was issued to those whose priority number was April 2 2002. My Priority number date is March 2006. This means there could be a further waiting period of another 4 years if not more. I was petitioned by mother in the F 3 category. My daughter has just turned in 20 years old and next year she would be 21. My question is whether my daughter will also be given the green card as and when it gets issued, since the petition was filed when she was 13/14 years and the approval was given when when she was 18 years old and the NVC case number was also issued. Any inputs on this would be highly appreciated.

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She will probably age out.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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There is no freezing of age for anyone other then the person named in the petition. So if your daughter is 21 ( and very much an adult ) she will not travel with you. When you arrive you can petition her IF she is and stays unmarried. The wait is quite long as you can see from the visa bulletin.


This will not be over quickly. You will not enjoy this.

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In order to know this for certain we'd need to know her birthday, the priority date of the petition, the date the petition was approved, and the date the priority date became current. Basically, you take her age on the date the priority date became current and subtract the difference between the the date the petition was approved and the priority date. If this sounds confusing, it just means you can subtract the time spent waiting for the petition to be approved from her actual age in order to come up with her CSPA adjusted age. If her CSPA adjusted age is under 21 at the time a visa number becomes available (priority date current) then she can apply for a visa. If her CSPA adjusted age is over 21 when a visa number becomes available then she's aged out.

There is no freezing of age for anyone other then the person named in the petition. So if your daughter is 21 ( and very much an adult ) she will not travel with you. When you arrive you can petition her IF she is and stays unmarried. The wait is quite long as you can see from the visa bulletin.

This is not correct. CSPA applies to derivative beneficiaries, as well. The age is frozen on the date the priority date became current, as long as they have "sought to acquire" permanent resident status within one year of that date, which generally means submitting a DS-230.


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Thread has been moved from the Effects of Major Family Changes on Immigration Benefits forum to Bringing Family Members of US Citizens to America forum as a more appropriate location for this discussion.


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