My son will turn 21 in November. However, my family and I will be eligible to file our I-485s in October based on the dates for filing chart. Will this protect my son from aging out?

Answer

Unfortunately, filing an I-485 based on the dates for filing chart (i.e., Chart B) does not automatically protect a child from aging out. However, the fact that your child turns 21 while the I-485 is pending does not necessarily mean he will age out. Rather, once the final action date becomes current, you would need to calculate the child’s age under the Child Status Protection Act (CSPA). (16.Sep.2021)

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