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justnormal

NVC Processing Pending - F2A is turning 21 in 4 months

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Hi All,

 

I am a little frantic at the moment. Please excuse my (maybe) repetitive question. I am dying to find out rather than researching any additional minutes.

 

I am a PR (still is). I filed the I-130 for my child with priority date of 12/27/2016. Fast forward, we are now at NVC processing with an approved petition, completed DS-260 and all fees paid. Her visa is also current. Notice of Immigrant Visa Case Creation was received on 11/07/2018. My child is turning 21 in 4 months. Is she still eligible to file for her GC?

 

Thank you very much,

 

 

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Posted (edited)
1 hour ago, justnormal said:

Hi All,

 

I am a little frantic at the moment. Please excuse my (maybe) repetitive question. I am dying to find out rather than researching any additional minutes.

 

I am a PR (still is). I filed the I-130 for my child with priority date of 12/27/2016. Fast forward, we are now at NVC processing with an approved petition, completed DS-260 and all fees paid. Her visa is also current. Notice of Immigrant Visa Case Creation was received on 11/07/2018. My child is turning 21 in 4 months. Is she still eligible to file for her GC?

 

Thank you very much,

 

 

Yes she is the age freezes . 

 

The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer to get a Green Card, or may no longer be eligible for a Green Card.

Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. The CSPA went into effect on August 6, 2002.

CSPA does not change the definition of a child. Instead, CSPA provides a method for calculating a person’s age to see if they meet the definition of a child for immigration purposes. The calculated age is the child’s “CSPA age.” This allows some people to remain classified as children beyond their 21stbirthday. However, CSPA does not change the requirement that you must be unmarried in order to remain eligible for classification as a child.

 

Edited by Zubaria12

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