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Bootdopey

What if turning 21 before interview? (split)

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Filed: K-1 Visa Country: Philippines
Timeline

My mother in law is trying to bring her son over through an F2A. He turns 21 in April and his priority date is in Sept 2013. Does anybody know what will happen if he does NOT get his interview before he turns 21?

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The time that the I-130 was pending for would be subtracted from his age. Let's say he is 21 when he has the interview, and the I-130 was pending for 12 months. His CSPA age would be 20 for purposes of qualifying for the visa.

Also if mom becomes a USC before he turns 21, which may or may not be possible, just an example, the age would freeze on date she takes the oath and becomes a USC.

Here is info about CSPA:

http://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa


The above however, doesn't mean that they shouldn't move as fast as possible when NVC processing starts to save time. PD for F2A is in March 2013, so mom should start preparing for the NVC process.

Edited by Ian H.

This does not constitute legal advice.

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