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  • Child aging out

    Hi,

    My priority date is May 02, 2018 when my son was 19 years old. However, my date is still not current. So, will he still be considered a child when the priority date becomes available?
    Thanks in advance.

  • #2
    Once your PD became current you need to take your son's age and subtract the time it took to approve your I-140. If the calculated age is < 21 then your son could be considered a child.

    Something like this: your son is 22.5 years old when the PD became current and they took 2 years to approve your I-140, so the newly calculated age is 22.5 - 2 = 20.5 because is less than 21 years then your son could be considered a child and immigrate with you.

    This is what I understand but I'm no expert. Good luck.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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    • #3
      Hi..thank you for your post. My EB1 application was approved in 9 days without RFE. But the visa was not available then. Now if it becomes available...he will be over 21. But can he still apply

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