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Aged-out derivative beneficiaries - Need help

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  • Aged-out derivative beneficiaries - Need help

    Hi there,
    My grandmother applied for an F2B(unmarried son or daughter above 21 years of age) visa for my mother, me and my 4 siblings. The petition had been approved and we are just waiting for our visa availability which will most probably be on May 2018.
    My question is 3 of us already aged out and even if we calculate our age under CSPA, age is still above 21.
    Can you advise if there are other ways for me and my 2 siblings to immigrate with our mom? We are all unmarried. I have read information about CSPA automatic conversion, but not clear as to how it can help. Below are the details:
    Priority date: July 30, 2007
    Approval date: August 13, 2009
    My birthdate: Oct 5, 1992 - Current age 24
    2nd sibling birthdate: Sept 12, 1993 - Current age - 23
    3rd sibling birthdate: Dec 31, 1994 - Current age 22

  • #2
    Originally posted by chuawaaaa View Post
    Hi there,
    My grandmother applied for an F2B(unmarried son or daughter above 21 years of age) visa for my mother, me and my 4 siblings. The petition had been approved and we are just waiting for our visa availability which will most probably be on May 2018.
    My question is 3 of us already aged out and even if we calculate our age under CSPA, age is still above 21.
    Can you advise if there are other ways for me and my 2 siblings to immigrate with our mom? We are all unmarried. I have read information about CSPA automatic conversion, but not clear as to how it can help. Below are the details:
    Priority date: July 30, 2007
    Approval date: August 13, 2009
    My birthdate: Oct 5, 1992 - Current age 24
    2nd sibling birthdate: Sept 12, 1993 - Current age - 23
    3rd sibling birthdate: Dec 31, 1994 - Current age 22
    There is no automatic conversion. Automatic conversion is only for derivatives of F2A (i.e. when a permanent resident petitions their spouse, and adds the child as a derivative beneficiary, rather than separately petition the child, which they could also do if they wanted); when they age out, a new petition can be filed for them by the original permanent resident parent under F2B and keep the original priority date (which the parent could have filed in the first place anyway). It doesn't apply to any other categories. Your grandmother cannot petition for you directly.

    Once your mom enters the US, she can petition you under F2B but that has a wait of about 7 years.

    This is my personal opinion and is not to be construed as legal advice.

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