I am filing my I-485 this month for me and my whole family based on the EB3 dates for filing chart. My daughter is almost 21 years old. Will this protect her from aging out?
08 Oct 2020
Posted at 10:21h
in Employment Based, FAQs, For Families, For Individuals, Resident, Visa Bulletin, Worker
Answer
Unfortunately, filing an I-485 based on the dates for filing chart is not sufficient to prevent a child from aging out. That rule only applies when the I-485 is being filed based on the (less favorable) final action chart. To determine whether your child will age out, you would need to determine her age under the Child Status Protection Act (CSPA), and wait to see how long it takes for the final action date to become current. (08.Oct.2020)
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