Form I130

[Jacnie 0]

Last year i filed form i130 for my daughter(iam on green card via k visa). She will be 21 years old soon and i have not receive any update on the case. What happen if she get to 21 but still the case have not been updated? Do they still take into consideration that i filled before she have 21years old?

[SusieQQQ 11,586]

As long as F2A remains “current” she will be effectively protected from aging out under CSPA. When did you file and what service center was it sent to?

 

 

Edited June 30, 2021 by SusieQQQ

[HRQX 4,145]

10 minutes ago, Jacnie said:

What happen if she get to 21 but still the case have not been updated? Do they still take into consideration that i filled before she have 21years old?

There is a CSPA calculation. Assuming that F2A remains Current then the CSPA result should be the age at the time of filing: https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

CSPA for Family and Employment Preference and Diversity Visa Immigrants

If you are a family preference (including VAWA), employment-based preference, or DV applicant, your CSPA age is calculated by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes available to you (age at time of visa availability). However, you must remain unmarried in order to qualify.

 

[Jacnie 0]

On 6/30/2021 at 12:56 PM, SusieQQQ said:

As long as F2A remains “current” she will be effectively protected from aging out under CSPA. When did you file and what service center was it sent to?

 

 

I file last year on September. Filed online.

[Ontarkie 14,275]

~~Moved to Bringing Fam ily of PR, from Bringing FAmily of USC~~

[Jacnie 0]

On 6/30/2021 at 1:58 PM, HRQX said:

There is a CSPA calculation. Assuming that F2A remains Current then the CSPA result should be the age at the time of filing: https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

CSPA for Family and Employment Preference and Diversity Visa Immigrants

If you are a family preference (including VAWA), employment-based preference, or DV applicant, your CSPA age is calculated by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes available to you (age at time of visa availability). However, you must remain unmarried in order to qualify.

 

So that means age should not be a problem since we file before she was 21?

[SusieQQQ 11,586]

3 minutes ago, Jacnie said:

So that means age should not be a problem since we file before she was 21?

As long as the F2A category remains current, which is not guaranteed.