deriviatives turning 21

[ctygl 0]

If a minor child was on an I-130 application of a PR Father applying for Mother and childrend and Mother doesn't receive her PR until after the child turns 21 and even subtracting the I-130processing time from the age doesn't help. What happens to that child (unmarried and stayed unmarried), do you need to submit a new I-130 for that child or does the child just automatically move to the F2B category and have to wait for the visa to become available?

[ctygl 0]

Any one have any idea? I've read some case information from the last year stating that they should be able to keep the same priority date. But the info is hard to understand.

[Mockingjay 10]

http://www.visajourney.com/forums/topic/110679-child-aging-out-cspa-may-help/

[aaron2020 11,651]

New I-130. The aged out son was a derivative so there is no petition to automatically convert.

There is no keeping the PD under current interpretation of CSPA. This may change in June considering the current case in front of the US Supreme Court.

Edited January 23, 2014 by aaron2020