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faisal.sial

children aging out - permanent resident apply for kids under 21

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My mom is permanent resident and she apply for two kids under age 21 at time of application. Our case is still in uscis and make take another six months or so and once case will be completed one kid will be over 21 and afriad might me uscis will change the category of visa because she will be above 21. 

 

What are best available options for us right now to expedite the case so we application will be processed before she turns 21?

I would really appreciate if someone can share the procedure how to expedite the case? 

 

Thanks in advance 

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3 minutes ago, SusieQQQ said:

You can’t expedite it just because a child may turn 21. However the one that turns 21 may be protected under the CSPA. What is the date of birth of the child, the priority date of the petition, and the approval date of the petition?

 

Thanks for quick response. I already check in detail about CSPA act and i totally lost how it works if a permanent resident apply for children. December 25, 1996 and priority date is June 13, 2017

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9 minutes ago, Obada.elamin said:

i have the same situation , when my father applied for me i was under 21 , as far as i know there is Child Status Protection Act 

Your father is US citizen or permanent resident ? As i know if your father is us citizen, your age will be freeze 

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15 minutes ago, faisal.sial said:

 

Thanks for quick response. I already check in detail about CSPA act and i totally lost how it works if a permanent resident apply for children. December 25, 1996 and priority date is June 13, 2017

Need priority date and approval date of petition 

 

 

 

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Posted (edited)
8 minutes ago, faisal.sial said:

DOB December 25, 1996 and priority date is June 13, 2017  and it is still not approved 

You didn’t receive a i797 notice at any stage saying “the above petition is approved”? If this is the case then she already has about 2 years protection on her age. You subtract the time between priority date and approval date from actual age to get CSPA age. If CSPA age is under 21 when the priority date becomes current (= a visa number is available) then she will be eligible.

 

i am a bit confused however because you said the child is about to turn 21, but a Dec 1996 birthday makes her currently 22.5 years old already.

Edited by SusieQQQ

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1 hour ago, SusieQQQ said:

You didn’t receive a i797 notice at any stage saying “the above petition is approved”? If this is the case then she already has about 2 years protection on her age. You subtract the time between priority date and approval date from actual age to get CSPA age. If CSPA age is under 21 when the priority date becomes current (= a visa number is available) then she will be eligible.

 

i am a bit confused however because you said the child is about to turn 21, but a Dec 1996 birthday makes her currently 22.5 years old already.

Thanks for response. No we did not receive any approval letter yet. We received request for additional documents and we already send which includes DNA and some other documents. Hoping USCIS will review those documents within 40 to 60 days.

 

USCIS will decide all these factors or NVC or embassy. For example if we got approved from USCIS and go through NVC and send all documents and fee. Is it still can be denied by NVC or embassy?

 

How we can check this "the priority date becomes current (= a visa number is available) then she will be eligible."

 

Another scenario if we got approved 20 September 2019 and interview scheduled on for example 20 February 2020.  What happen?

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1 hour ago, faisal.sial said:

Thanks for response. No we did not receive any approval letter yet. We received request for additional documents and we already send which includes DNA and some other documents. Hoping USCIS will review those documents within 40 to 60 days.

 

USCIS will decide all these factors or NVC or embassy. For example if we got approved from USCIS and go through NVC and send all documents and fee. Is it still can be denied by NVC or embassy?

 

How we can check this "the priority date becomes current (= a visa number is available) then she will be eligible."

 

Another scenario if we got approved 20 September 2019 and interview scheduled on for example 20 February 2020.  What happen?

You didn't clarify the confusion about what age your sister actually is.

 

The official determination of whether or not your sister qualifies is at the interview by the consular officer. It is not a judgement or discretion call, it is a simple calculation that if the beneficiary is under 21 on CSPA age when a visa number becomes available (and obviously is not married) then she is eligible. The only caveats then are (1) to apply for a visa within a year of the number being available (this just means filling in the DS260) and (2) to remain unmarried until entry.

 

See the section on family preferences here: https://www.uscis.gov/greencard/child-status-protection-act

 

The date of the interview is not important, the date the priority date becomes current is important. This is the first day of the month in which the visa bulletin lists your priority date as current in table A. For example, if the visa bulletin for February 2020 is the one in which your PD first becomes current, then the visa availability date is 1 February 2020.  If you get approved on 20 Sept 2019 and a visa number is available in Feb, and using the birth date provided earlier,  your sister's CSPA age will be 20 years and 10 months and she will qualify.  But if you get approved tomorrow and still get current in Feb 2020, then your sister's CSPA age will be just over 21 and she will have aged out/get moved into F2B. You can play around with CSPA calculator (google it) and see what different approval/priority dates do.

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3 minutes ago, SusieQQQ said:

You didn't clarify the confusion about what age your sister actually is.

 

The official determination of whether or not your sister qualifies is at the interview by the consular officer. It is not a judgement or discretion call, it is a simple calculation that if the beneficiary is under 21 on CSPA age when a visa number becomes available (and obviously is not married) then she is eligible. The only caveats then are (1) to apply for a visa within a year of the number being available (this just means filling in the DS260) and (2) to remain unmarried until entry.

 

See the section on family preferences here: https://www.uscis.gov/greencard/child-status-protection-act

 

The date of the interview is not important, the date the priority date becomes current is important. This is the first day of the month in which the visa bulletin lists your priority date as current in table A. For example, if the visa bulletin for February 2020 is the one in which your PD first becomes current, then the visa availability date is 1 February 2020.  If you get approved on 20 Sept 2019 and a visa number is available in Feb, and using the birth date provided earlier,  your sister's CSPA age will be 20 years and 10 months and she will qualify.  But if you get approved tomorrow and still get current in Feb 2020, then your sister's CSPA age will be just over 21 and she will have aged out/get moved into F2B. You can play around with CSPA calculator (google it) and see what different approval/priority dates do.

Thanks it make much sense to me but i will post once she got approved. 

Sorry about other she is already above 21 here are information December 25, 1996 and priority date is June 13, 2017

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6 hours ago, faisal.sial said:

My mom is permanent resident and she apply for two kids under age 21 at time of application. Our case is still in uscis and make take another six months or so and once case will be completed one kid will be over 21 and afriad might me uscis will change the category of visa because she will be above 21. 

 

What are best available options for us right now to expedite the case so we application will be processed before she turns 21?

I would really appreciate if someone can share the procedure how to expedite the case? 

 

Thanks in advance 

You should hire some attorney back in usa .I my self faced the same issue and attorney was hired :)

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Thanks every one for responding so we receive approval letter today and case is sent to nvc. I start collecting required documents because i do not want to further delay at nvc.

Can anyone please share a list of documents that are required for this case. 

 

Case type: Unmarried child under 21 of permanent resident, 203 (a)(2)(A) INA

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