Worried my stepson will age out. Is there anything we can do?

[JayFromTexas 74]

My wife is a LPR and filed an I-130 to bring her stepson to the US. Here are the details:

Stepson DOB: 10/22/2004

Priority Date: 8/19/2024

I130 Approval Date: 8/28/2025

CSPA added time, 1 year + 9 days. (I think I am calculating this correctly)

Age Out date: 10/28/2026 (Again, I'm not 100% sure I'm calculating this correctly)

Current Visa Bulletin Final Action Date: 9/1/2022

 

What I think all this means is unless the FA date in the Visa Bulletin advances to later than 8/19/2024 in the next 13 1/2 months, he will age out and become an F2B case.

 

Q1: Do I understand the dates and deadlines correctly?

Q2: Is there anything we can do to prevent him from aging out?

Q3: Should we consider an immigration attorney?

 

Thanks!

[appleblossom 5,162]

25 minutes ago, JayFromTexas said:

My wife is a LPR and filed an I-130 to bring her stepson to the US. Here are the details:

Stepson DOB: 10/22/2004

Priority Date: 8/19/2024

I130 Approval Date: 8/28/2025

CSPA added time, 1 year + 9 days. (I think I am calculating this correctly)

Age Out date: 10/28/2026 (Again, I'm not 100% sure I'm calculating this correctly)

Current Visa Bulletin Final Action Date: 9/1/2022

 

What I think all this means is unless the FA date in the Visa Bulletin advances to later than 8/19/2024 in the next 13 1/2 months, he will age out and become an F2B case.

 

Q1: Do I understand the dates and deadlines correctly?

Q2: Is there anything we can do to prevent him from aging out?

Q3: Should we consider an immigration attorney?

 

Thanks!

 

I think you do understand yes. Nothing that can be done other than keeping your fingers crossed, and an immigration attorney can't change the law unfortunately. 

 

But how old was he when you married? 

[JayFromTexas 74]

Just now, appleblossom said:

 

I think you do understand yes. Nothing that can be done other than keeping your fingers crossed, and an immigration attorney can't change the law unfortunately. 

 

But how old was he when you married? 

We got married 3/3/23 when the visa bulletin was CURRENT for F2A. 🥵 Our son was 18 1/2. Had we known it was going to change backwards so significantly, we would have gone the K-1 route.

[appleblossom 5,162]

Just now, JayFromTexas said:

We got married 3/3/23 when the visa bulletin was CURRENT for F2A. 🥵 Our son was 18 1/2. Had we known it was going to change backwards so significantly, we would have gone the K-1 route.

 

Oh that's a shame, I was hoping you'd married before he turned 18 so you could have petitioned him. 

 

Sorry but hope things speed up a bit, best of luck. 

[JayFromTexas 74]

@appleblossom You've been very helpful answering my question and others here so I have an additional followup question. With the tremendous movement in the Visa Bulletin, there is a better chance my stepson might not age out before he is eligible for final action. My question is about becoming "current". You commented in another thread that once an F2A applicant is current, he/she remains current and can't age out. Does that apply to my stepson? If the Visa Bulletin final action date shifts forward to a date after our priority date of 8/19/2024, does he become "current"? Can he age out, if we don't have his paperwork in?

[appleblossom 5,162]

6 hours ago, JayFromTexas said:

@appleblossom You've been very helpful answering my question and others here so I have an additional followup question. With the tremendous movement in the Visa Bulletin, there is a better chance my stepson might not age out before he is eligible for final action. My question is about becoming "current". You commented in another thread that once an F2A applicant is current, he/she remains current and can't age out. Does that apply to my stepson? If the Visa Bulletin final action date shifts forward to a date after our priority date of 8/19/2024, does he become "current"? Can he age out, if we don't have his paperwork in?

Why would you not submit his paperwork as soon as you can?

 

But yes, once his PD is current that’s the date they’ll use for the CPSA calculation. All of the info you need is here - https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

 

Just remember that he must pursue a visa within a year of him becoming eligible for one, so if you are going to delay things for any reason do bear that in mind. 

Edited September 18 by appleblossom