My i130 was approved when I was 19 now im 21 .

Asked over 1 year ago - Oviedo, FL

I applied for i485 after I turned 21 .Now my case is at the RFE stage . Just sent everything they aasked for such as medical exam and my mothers most recent tax info and my mother is a US citizen. Now when I check my status on uscis site it shows 3 stages left: decision , post decision activity and card /document production. My question is. Is there a chance that this is getting any where since I turned 21 when I applied for i485? Did my age froze from when myi130 was approved?

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    11

    Lawyers agree

    1

    Answered . Under CSPA, if your mother was a US citizen when she submitted an I-130 on your behalf, your age was frozen at 19.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Jeffrey Adam Devore

    Contributor Level 20

    4

    Lawyers agree

    Answered . The answer to your question really depends upon when you H-10 was filed and how long it was pending. Additionally, when your I-485 was submitted and what your mother's status was at the time she submitted the I-130. Once you turned 21 you became subject to a quota. Unless you are covered by the CSPA then you are looking at potential issues. Consult with an experienced immigration attorney for case specific advice.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more
  3. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . You will probably be OK ... meet with an attorney to discuss the reasons for the RFE.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Samuel Patrick Ouya Maina

    Contributor Level 19

    4

    Lawyers agree

    Answered . Your case should move along ok

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more
  5. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I agree with my colleagues.

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