I 130

Asked about 1 year ago - San Francisco, CA

Dear sir,
we have an approved family petition for a relative, fiancee and orphan. The priority date is coming in the next 2 years. By the time the children on the application will become 21 years old...does that disqualify her, or what counts is the age on the application date??

Attorney answers (3)

  1. Eliza Grinberg

    Contributor Level 19


    Lawyers agree

    Answered . CSPA allows you to subtract from the age of the child on the day when priority becomes current, the time that lapsed between when the I-130 was filed and approved. If that lands your child under 21, he or she will be eligible. If this is the case, you will need to work with your immigration lawyer in expediting the interview date.

  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . They are eligible for a credit of time the application was pending.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Alexus Paul Sham


    Contributor Level 20


    Lawyers agree

    Answered . The child may be eligible under the CSPA. It is best to consult an immigration attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more

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