Aging Out and Expediting Interview

[cyyz2000 24]

Hi, I read online that cases where an applicant is aging-out have high priority (Tier One). I'm just wondering if my visa category would allow me to expedite the visa interview? I know Tier One is for Immediate Relatives but my case is a Family Preference (F3) case. This is what the travel.state.gov website says: 

 

• Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government), and emergency cases as determined on a case-by-case basis.

 

My question is, now that I'm already 21, can we expedite the interview for our F3 family preference case or does this only apply for Immediate Relative applicants? Here's some more details about me: 

 

PD: July 2008

Approved date: Apr 2010

DQ: July 2020

21st birthday: Feb 2021

Visa current: Mar 2021

 

We became DQ'd before the visa was current, so I am assuming I have already "sought to acquire" as I submitted the DS-260s on NVC and it was accepted. 

 

Edited September 14, 2021 by cyyz2000

[From_CAN_2_US 1,106]

36 minutes ago, cyyz2000 said:

Hi, I read online that cases where an applicant is aging-out have high priority (Tier One). I'm just wondering if my visa category would allow me to expedite the visa interview? I know Tier One is for Immediate Relatives but my case is a Family Preference (F3) case. This is what the travel.state.gov website says: 

 

• Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon no longer qualify due to their age), certain Special Immigrant Visas (SQ and SI for Afghan and Iraqi nationals working with the U.S. government), and emergency cases as determined on a case-by-case basis.

 

My question is, now that I'm already 21, can we expedite the interview for our F3 family preference case or does this only apply for Immediate Relative applicants? Here's some more details about me: 

 

PD: July 2008

Approved date: Apr 2010

DQ: July 2020

21st birthday: Feb 2021

Visa current: Mar 2021

 

We became DQ'd before the visa was current, so I am assuming I have already "sought to acquire" as I submitted the DS-260s on NVC and it was accepted. 

 

Aging out would qualify for expedite in all categories, but not sure how your case applies. You are F3 which is for married children of US citizens above 21. How would you age out?

 

If you had a child that was turning 21 in the next few months, then that child who is on the application with you would be aging out, and that would qualify the entire family's case to be expedited.

Edited September 14, 2021 by From_CAN_2_US

[cyyz2000 24]

3 minutes ago, From_CAN_2_US said:

Aging out would qualify for expedite in all categories, but not sure how your case applies. You are F3 which is for married children of US citizens above 21. How would you age out?

Ah, I'm the derivative applicant (I think that's what it's called). My mom's the one who is the principal applicant (sponsored by my grandfather). So I'm currently 21 years old and unmarried. 

Edited September 14, 2021 by cyyz2000

[jan22 3,056]

If your Priority Date is current and you have filed the DS-260, your age is frozen so you can't age out.  So, no reason to expedite.

[cyyz2000 24]

5 minutes ago, jan22 said:

If your Priority Date is current and you have filed the DS-260, your age is frozen so you can't age out.  So, no reason to expedite.

The comment above says that expedition would be possible? That's what confuses me because I think I'm getting confused between "aging out" and "being protected by CSPA"

[jan22 3,056]

1 minute ago, cyyz2000 said:

The comment above says that expedition would be possible? That's what confuses me because I think I'm getting confused between "aging out" and "being protected by CSPA"

Not sure what you're still confused about, but will try again.

 

Since your Priority Date is current and you have filed the DS-260, your age is frozen and you cannot age out.  The information you quoted about the possibility of expediting your case only applies if you will soon age out and no longer be eligible for the visa. You will not/cannot age out. Therefore, this reason for expediting does not apply to you.

 

"Aging out" means you are over the age of 21 and would no longer qualify for the visa.  But, you are "protected by CSPA" from aging out for the length of time it took USCIS to approve your petition (i.e., that time gets subtracted from your actual age). You don't give exact dates, so I can't be precise but it took USCIS approximately 21 months to approve your i-130. That means that as long as you "sought to acquire" your visa before you turn 22 years and 9 months old, you are protected by CSPA and will not age out.

[cyyz2000 24]

23 minutes ago, jan22 said:

Not sure what you're still confused about, but will try again.

 

Since your Priority Date is current and you have filed the DS-260, your age is frozen and you cannot age out.  The information you quoted about the possibility of expediting your case only applies if you will soon age out and no longer be eligible for the visa. You will not/cannot age out. Therefore, this reason for expediting does not apply to you.

 

"Aging out" means you are over the age of 21 and would no longer qualify for the visa.  But, you are "protected by CSPA" from aging out for the length of time it took USCIS to approve your petition (i.e., that time gets subtracted from your actual age). You don't give exact dates, so I can't be precise but it took USCIS approximately 21 months to approve your i-130. That means that as long as you "sought to acquire" your visa before you turn 22 years and 9 months old, you are protected by CSPA and will not age out.

Ok I think I understand now.

 

So even if I submitted DS-260 before the visa was current, that still counts as "seeking to acquire" right?

 

And also, does CSPA protect me forever? Let's say hypothetically the Montreal consulate spends a long time going through the huge backlogs and I don't get an interview until 2025 (which I know probably won't happen), but in that case, would I still be protected by CSPA at the age of 25?  

[Demise 1,295]

16 hours ago, cyyz2000 said:

The comment above says that expedition would be possible? That's what confuses me because I think I'm getting confused between "aging out" and "being protected by CSPA"

There are cases where you can age out because CSPA doesn't cover that case. CSPA requires you to file DS-260 within 1 year of the priority date becoming current, that freezes your CSPA age (age on the day the priority date became current minus time the I-130 was pending), if you don't file within 1 year, then the case proceeds with your actual age, in case of which you can actually age out by turning 21.

 

15 hours ago, cyyz2000 said:

Ok I think I understand now.

 

So even if I submitted DS-260 before the visa was current, that still counts as "seeking to acquire" right?

 

And also, does CSPA protect me forever? Let's say hypothetically the Montreal consulate spends a long time going through the huge backlogs and I don't get an interview until 2025 (which I know probably won't happen), but in that case, would I still be protected by CSPA at the age of 25?  

Seek to acquire was defined by the BIA as either: File I-485, file DS-260, or file I-824. You filed DS-260 within the year window (even though you filed early using the dates for filing family-sponsored visa applications table), so you do meet that requirement.

 

Yes, CSPA protects you forever as long as you don't marry and filed the DS-260 within 1 year of priority becoming current. So if the consulate or you can drag your feet forever and follow to join as a 50 year old "child".

Edited September 14, 2021 by Demise

[arken 4,197]

5 minutes ago, Demise said:

So if the consulate or you can drag your feet forever and follow to join as a 50 year old "child".

😂 👍

[SusieQQQ 11,586]

13 minutes ago, Demise said:

So if the consulate or you can drag your feet forever and follow to join as a 50 year old "child".

Not quite, if the principal beneficiary dies before the visa is issued the derivative no longer has a case. A 50 year time period does raise that as a possibility!