Circumstances changed while I-130 was in process of approval

[siguashka]

Hello,

My farther in law(green card holder) filed petition for his wife (beneficiary) and two daughters (derivatives) who are outside if US. Now after 2 years the petition was finally approved but one of the daughters turned 21 during the time that petition was in process. Can contact anybody in uscis or NVC, its time to pay the fees, so we don't know if that daughter is still eligible and what should we do next. Please advise, Thank you!

[newacct]

Under the CSPA, the length of time the I-130 was pending is subtracted from the child's age in determining whether she ages out. The CSPA age is determined at the time a visa number is available, which is defined as the first of the month when the date on the Final Action Date chart passes the priority date, or when the I-130 is approved, whichever is later. Since the F2A category is current, this means that her CSPA age is determined on the date the I-130 was approved. When the length the I-130 is pending is subtracted from her age on this date, this equals her age on the date the I-130 was filed. This means that she does not age out as long as she was under 21 at the time the I-130 was filed, as long as they meet the requirements of CSPA (including seeking to acquire the visa within 1 year of it becoming available).