Stepdaughter's I-130 Approval

[PRGuy 3]

Hello Everyone!

We are a bit confused on a specific issue, hope you guys shed some light as you always do.

My wife (green card holder) filed a I-130 for her daughter. 

We recently received her I-130 Approval letter, as an unmarried child under 21 of permanent resident. She's currently 20, and will be turning 21 in 4 months. Our question is, if she doesn't get an appointment for interview before she turns 21, would she still be considered as a child since the approval was BEFORE she turned 21? or could it default to adult, and delay the process for months or even years?

Thanks so much for your input! we are very happy that we will be all together, but this issue, and not knowing how it proceeds since she is in that border between child / adult is kind of worrying us a bit

 

Thanks again everyone!

[Stephanie22 4]

I’m about to ask it too. We have the same problem and I hope they will asnwer this. 

[Villanelle 4,121]

https://millermayer.com/2017/freeze-childs-age-cspa/   Here is an article that explains CSPA. Read through it and see if you qualify for CSPA protection. 

[SusieQQQ 11,584]

On 3/13/2020 at 11:19 AM, PRGuy said:

Hello Everyone!

We are a bit confused on a specific issue, hope you guys shed some light as you always do.

My wife (green card holder) filed a I-130 for her daughter. 

We recently received her I-130 Approval letter, as an unmarried child under 21 of permanent resident. She's currently 20, and will be turning 21 in 4 months. Our question is, if she doesn't get an appointment for interview before she turns 21, would she still be considered as a child since the approval was BEFORE she turned 21? or could it default to adult, and delay the process for months or even years?

Thanks so much for your input! we are very happy that we will be all together, but this issue, and not knowing how it proceeds since she is in that border between child / adult is kind of worrying us a bit

 

Thanks again everyone!

 

1 hour ago, Stephanie22 said:

I’m about to ask it too. We have the same problem and I hope they will asnwer this. 

You subtract the time taken between PD and approval from your actual age to reach your CSPA age. If your CSPA age is under 21 on the date a visa is available (the later of either priority date being current or approval date) then you qualify as a child, providing you seek to acquire a visa (example by submitting a DS260) within one year of that date.  The interview date is not relevant. 

Edited April 12, 2020 by SusieQQQ

[Stephanie22 4]

We are in the nvc stage which will pass the documents. Is that okay even I turn 21 in several months? Because we all know that it will take slow now because of the covid. Thank you and take care

Edited April 13, 2020 by Stephanie22
Wrong spelling

[Stephanie22 4]

Hello everyone! I am petitioned by my stepmom ang I will be turning 21 in feew months but we’re still in nvc stage, not even submitting some documents. Does the petition wil be voided? I need your help, thank you!