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  • Child going to be 21 years old

    If a child of a Permanent Resident is going to be 21, which date will be taken in to consideration? Does 21 means he/she should be less than 21 on the date of interview at the consulate? Please reply.

  • #2
    The age of aging out is not exactly 21. Under CSPA, it's 21 + length of time the petition was pending. You need to calculate it exactly with the date of filing and date of approval of the petition.

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

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    • #3
      Thanks for the response. But will CSPA applicable for immediate relatives? I am looking for F2 visa.

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      • #4
        Yes. For someone in a category other than the Immediate Relative category, CSPA says that the length of time the petition was pending is subtracted from the person's age.

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

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        • #5
          Just need confirm this- If the child is going to be 21 for F2 A visa( dad filing for the kid) in the immediate relative category, CSPA won't be applicable in this case, am I correct? Please reply.

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          • #6
            Originally posted by kavitha.jain View Post
            Just need confirm this- If the child is going to be 21 for F2 A visa( dad filing for the kid) in the immediate relative category, CSPA won't be applicable in this case, am I correct? Please reply.
            F2A and Immediate Relative are two different categories.

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

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            • #7
              Thank you

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