F2A priority date, what if the child turns 21 before availability?

[aoshiryuki]

We stupidly didn't realize that F2A had priority dates and filed concurrent I-130 and I-485 (under 21 unmarried child of GC holder). The I-485 was sent back to us citing priority dates and visas not being available. The "child" in question is Australian and 19 years old, so it looks like the current priority date is for Sep 2020... I'm guessing that this means that since we filed January this year, a visa likely won't be made available for another 4-5 years, by which time she will be well over 21. Would we need to file another I-130 when that happens?
Also is there a way to be notified of when the visas become available?

Thanks in advance!

[newacct]

F2A was current (i.e. had no wait for visa numbers) from mid-2019 to early 2023, and historically had about 2 years wait for visa numbers before that. What they have now seems like an overcorrection, and probably does not mean it will take 4-5 years until a visa number becomes available. Also, USCIS uses Dates for Filing to determine whether you can file AOS in most months, and that usually becomes available much sooner than the Final Action Dates.

Under CSPA, the length of time the I-130 is pending will be subtracted from the child's age for determining when they age out. So will help delay the age out for maybe a year or two.

What status is the child maintaining? They will need to maintain status until they can file I-485, or they will need to switch to Consular Processing abroad.

Also, how did the parent(s) with the green card immigrate? If they immigrated in a category that allows derivative beneficiaries, then most likely the child can immigrate as a derivative beneficiary, without needing to be petitioned in F2A.

[aoshiryuki]

F2A was current (i.e. had no wait for visa numbers) from mid-2019 to early 2023, and historically had about 2 years wait for visa numbers before that. What they have now seems like an overcorrection, and probably does not mean it will take 4-5 years until a visa number becomes available. Also, USCIS uses Dates for Filing to determine whether you can file AOS in most months, and that usually becomes available much sooner than the Final Action Dates.

Under CSPA, the length of time the I-130 is pending will be subtracted from the child's age for determining when they age out. So will help delay the age out for maybe a year or two.

What status is the child maintaining? They will need to maintain status until they can file I-485, or they will need to switch to Consular Processing abroad.

Also, how did the parent(s) with the green card immigrate? If they immigrated in a category that allows derivative beneficiaries, then most likely the child can immigrate as a derivative beneficiary, without needing to be petitioned in F2A.

Hi! Thanks for the response, sorry I didn’t realize that I got a response from this forum.

Mom got her green-card through me, her eldest daughter (US citizen). I don’t believe this allowed derivative beneficiaries…
Child currently an F1 student, about to enter college, so she will be in the US for at-least another 4 years.

I looked into CSPA and it does look promising! I guess I’ll just keep an eye out on the bulletin and hopefully my sister’s AOS filing date will become available before Dec 2025 when she turns 21.

Thank you for your thorough response!

[newacct]

Again, it doesn't have to be before she turns 21 -- it just has to be before she turns (21 + the length of time the I-130 was pending).