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Child turning 21 - Consular Processing

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  • Child turning 21 - Consular Processing

    Hello,

    I have applied under CP in EB2 category and my dates have become current for Sept. In the meantime my daughter has turned 21. Though I have informed this to NVC much earlier, I got the interview on the neck of the moment and I am really confused.

    1. As per CSPA (Child Status Protection Act), it says, the child age can be reduced by the days taken to get immigration petition approved. Does it refer to the days taken in I-140 approval for EB category?

    2. I have a confusion about the date becoming current in that CSPA calculation. Is it the date when the IV visa was available for IV fee payment or is it the first date of the month when my visa interview is scheduled. (in my case it is Sept 1, 2010). I paid my IV fee in Sept 2008.

    3. Also, if she is eligible as per CSPA, does she need to reach US before 21 years calculated as per CSPA, or can she take 6 months after the immigrant visa stamping.

    Appreciate your reply. Please advise. Thanks

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