How to submit an " Expedite Request for the Aging-Out Process"

[Tibwa]

Hey Guys: My daughter will be 21 in March ( she is my derivative). We had our interview last May and now waiting for approval (F3). Priority date is Dec 7, 2008 for F3. How do I file the "Expedite Request for the Aging-Out Process" before she turns 21?

[newacct]

You posted this in the Adjustment of Status forum. Are you guys doing Adjustment of Status in the US? Which form are you seeking to "expedite"?

The CSPA age is calculated based on the date a visa number becomes available (i.e. the date on the Final Action Date chart passes your priority date). On the latest visa bulletin, a visa number is not yet available for your priority date. There is no way to "expedite" the progression of dates on the visa bulletin.

When a visa number becomes available, if Adjustment of Status (I-485) is filed in that month, then that CSPA age is locked in, and it doesn't matter how long Adjustment of Status takes.

[Tibwa]

You posted this in the Adjustment of Status forum. Are you guys doing Adjustment of Status in the US? Which form are you seeking to "expedite"?

The CSPA age is calculated based on the date a visa number becomes available (i.e. the date on the Final Action Date chart passes your priority date). On the latest visa bulletin, a visa number is not yet available for your priority date. There is no way to "expedite" the progression of dates on the visa bulletin.

When a visa number becomes available, if Adjustment of Status (I-485) is filed in that month, then that CSPA age is locked in, and it doesn't matter how long Adjustment of Status takes.

Thanks Newcacct

Yes, I am doing the adjustment status in US. I filed in May 2020 and had my interview in May 2021. Although the officer, during the interview, said she approved our cases cause I meet all the requirements, apparently a visa not available yet ( F3 Rest of the World). So, are you saying the date when I filed the I-485 ( May 2020) is not the beginning date for CSPA? We all have EAD and Travel documents.

Would, that mean if I don't reach the priority date before March 2022 ( her birth date), she will not be qualify for CSPA? Note that my I-130 was approved back in 2010

[newacct]

Thanks Newcacct

Yes, I am doing the adjustment status in US. I filed in May 2020 and had my interview in May 2021. Although the officer, during the interview, said she approved our cases cause I meet all the requirements, apparently a visa not available yet ( F3 Rest of the World). So, are you saying the date when I filed the I-485 ( May 2020) is not the beginning date for CSPA? We all have EAD and Travel documents.

That's right. If you were allowed to file AOS under the Dates for Filing chart, the CSPA age is not determined at that time. In that case, the CSPA age will be determined based on the first month where the date in the Final Action Date chart passes your priority date. See USCIS Policy Manual, Volume 7, Part A, Chapter 7, section F-4.

Would, that mean if I don't reach the priority date before March 2022 ( her birth date), she will not be qualify for CSPA? Note that my I-130 was approved back in 2010

No. The amount of time the I-130 was pending is subtracted from her age. So if it was filed in 2008 and approved in 2010, it was pending for about 2 years, so she does not age out until about 23 (you would need to do the calculation with the exact dates).

[Tibwa]

That's right. If you were allowed to file AOS under the Dates for Filing chart, the CSPA age is not determined at that time. In that case, the CSPA age will be determined based on the first month where the date in the Final Action Date chart passes your priority date. See USCIS Policy Manual, Volume 7, Part A, Chapter 7, section F-4.


No. The amount of time the I-130 was pending is subtracted from her age. So if it was filed in 2008 and approved in 2010, it was pending for about 2 years, so she does not age out until about 23 (you would need to do the calculation with the exact dates).

Thank you so much for these details; Now I get a better understanding of how the CSPA calculations is made.