Aging Out???

[ctygl 0]

I just want to be 99.9% sure I'm understanding the aging out correctly.

Hubby's mom has her interview for PR mid January. As soon as she receives her PR, she is going to apply for her unmarried child which is under 21, category FA2, Mexico. His bdate is April 12, 1993.

The date that NVC receives the I-130 and process the application is the priority date. So that should be Feb ??, 2013. The current December Visa Bulletin is for FA2 is August 1, 2010, 2 years 4 months.

The current processing time for approving the I-130 (California) is Sept 3, 2012, 1 year 3months.

So Feb ??, 2013, I-130 is submitted for applicant (minor child) by his Mother (Permanent Resident). Beneficiary's age at time of application is 19y, 10m.

Estimate 1 year 3 months later, around June, 2014, I-130 application approved. Beneficiary's age at 21y 2months.

Estimates time for visa to be available, 2 years 4 months, June, 2015. Age at time of visa is available, 22y, 2 months.

However, they will take his age at the time the visa is available, 22y, 2m and subtract the time that it took to process the I-130, 1 year 3m, 20y 11m, so he would still be considered a minor.

I do understand that these are based on current processing times and that those can change at any minutes. What I am trying to figure out if there is any change for him to be still considered a minor. I understand if he is not considered a minor, he moves to FA3 category and current processing times are around 20 years.

Another question I have, is there paperwork that you have to fill out for them to apply the age calculation? Or how to they know when to apply the The Child Status Protection Act of 2002?

[aleful 1,905]

I just want to be 99.9% sure I'm understanding the aging out correctly.

Hubby's mom has her interview for PR mid January. As soon as she receives her PR, she is going to apply for her unmarried child which is under 21, category FA2, Mexico. His bdate is April 12, 1993.

The date that NVC receives the I-130 and process the application is the priority date. So that should be Feb ??, 2013. The current December Visa Bulletin is for FA2 is August 1, 2010, 2 years 4 months.

The current processing time for approving the I-130 (California) is Sept 3, 2012, 1 year 3months.

So Feb ??, 2013, I-130 is submitted for applicant (minor child) by his Mother (Permanent Resident). Beneficiary's age at time of application is 19y, 10m.

Estimate 1 year 3 months later, around June, 2014, I-130 application approved. Beneficiary's age at 21y 2months.

Estimates time for visa to be available, 2 years 4 months, June, 2015. Age at time of visa is available, 22y, 2 months.

However, they will take his age at the time the visa is available, 22y, 2m and subtract the time that it took to process the I-130, 1 year 3m, 20y 11m, so he would still be considered a minor.

I do understand that these are based on current processing times and that those can change at any minutes. What I am trying to figure out if there is any change for him to be still considered a minor. I understand if he is not considered a minor, he moves to FA3 category and current processing times are around 20 years.

Another question I have, is there paperwork that you have to fill out for them to apply the age calculation? Or how to they know when to apply the The Child Status Protection Act of 2002?

I'm not sure about aging out, but he would change from F2A to F2B. F3 is married child of a US Citizen. F2B is unmarried child over 21 of a resident, it is sill 20 years of waiting until priority date is current.

no paperwork to file, if he doesn't receive any paperwork by the time his priority date becomes current, they probably automatically changed him to F2B and she might have to fight and prove that he is covered under CSPA if he is.

[aaron2020 11,651]

I just want to be 99.9% sure I'm understanding the aging out correctly.

Hubby's mom has her interview for PR mid January. As soon as she receives her PR, she is going to apply for her unmarried child which is under 21, category FA2, Mexico. His bdate is April 12, 1993.

The date that NVC receives the I-130 and process the application is the priority date. So that should be Feb ??, 2013. The current December Visa Bulletin is for FA2 is August 1, 2010, 2 years 4 months.

The current processing time for approving the I-130 (California) is Sept 3, 2012, 1 year 3months.

So Feb ??, 2013, I-130 is submitted for applicant (minor child) by his Mother (Permanent Resident). Beneficiary's age at time of application is 19y, 10m.

Estimate 1 year 3 months later, around June, 2014, I-130 application approved. Beneficiary's age at 21y 2months.

Estimates time for visa to be available, 2 years 4 months, June, 2015. Age at time of visa is available, 22y, 2 months.

However, they will take his age at the time the visa is available, 22y, 2m and subtract the time that it took to process the I-130, 1 year 3m, 20y 11m, so he would still be considered a minor. Not to discourage you but this is an impossible calculation. Too many assumptions. If any step takes a few weeks longer, then your whole timeline is blown and his CSPA age would be over 21.

I do understand that these are based on current processing times and that those can change at any minutes. What I am trying to figure out if there is any change for him to be still considered a minor. I understand if he is not considered a minor, he moves to FA3 category and current processing times are around 20 years. He moves from the F2a category (LPR petitioning for an unmarried child under age 21) to the F2b category (LPR petitioning for an unmarried child over age 21). There is no FA3 category.

Another question I have, is there paperwork that you have to fill out for them to apply the age calculation? CSPA does not require any paperwork, and there is no paperwork you can file. Or how to they know when to apply the The Child Status Protection Act of 2002? If the beneficiary is lucky, the US government will actually do the calculations and notify the beneficiary. However, don't hold your breath. The best advice is to stay on top of it. If the case has not gone through the NVC processing when the PD is near to being current, you should go ahead and contact the NVC to assert CSPA protection.

CSPA is the only thing that would allow a person over 21 years old to be treated as a minor for immigration purposes.

File as fast as you can and hope for the best. Right now, prepare the petition for the son. As soon as mom gets her immigration visa, she should cross into the US to activate her green card. Her stamped visa will act as temporary green card, I-551. Photocopy the stamped visa/green card and file the case for the son. Mom has a valid green card and can immediately travel internationally. She can return to Mexico on the same day she activates her green card to wrap up whatever she needs before immigrating permanently to the US.