beneficiary "ageing out"?????

[ram1009 42]

I read in Policy Memorandum PM-602-0043-1 that certain procedures were eligible to be expedited under some circumstances.  One of those circumstances was the "aging out" of a beneficiary.  I assume this means that applicants can be too old to apply for some or all visas.  I've never seen this requirement in print anywhere.  Can someone please enlighten me as to what this age limit is?  Thanks.

[Visitor User 229]

CSPA?

[TM92 527]

15 minutes ago, ram1009 said:

One of those circumstances was the "aging out" of a beneficiary.  I assume this means that applicants can be too old to apply for some or all visas.  I've never seen this requirement in print anywhere.

https://www.uscis.gov/greencard/child-status-protection-act

[geowrian 22,335]

If you are asking with regard to a K-1 visa, then this would only be possible if there is a just-under-21 child of the beneficiary.

 

Otherwise, this applies to children in family preference visa cases. For instance, if you petition for a child/stepchild while they are under 21 (F2A) category then they turn 21 while waiting for the Priority Date to become current (and aren't covered by CSPA), they would fall under the F2B category (adult son/daughter of an LPR).

 

It also applies to derivative beneficiaries. For instance, if you petition for a sibling (F4 category), their spouse and children can immigrate with them. However, the children may turn 21 or older while waiting for the PD to become current, and therefore no longer be eligible as a derivative.

 

Expedites under this criteria generally apply to cases where CSPA won't cover thew individual.

There is no way to expedite a Priority Date, though...so even if one were to expedite the petition, it wouldn't result in the visa any sooner.