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I filed my son’s I-485 as my dependent before he had aged out. After we applied, however, the category retrogressed. Is it possible my child could now age out?

16 Dec 2021
Posted at 08:57h in AOS/CP (Family), Family Based, FAQs, For Families, Immigrant Family, Resident by

Answer

If the child qualified as a dependent at the time the I-485 was filed based on the date being current in Chart A (i.e., the final action chart), the child normally would not be at risk of aging out based on subsequent retrogression. However, if only Chart B (i.e., dates for filing chart) was current at the time the I-485 was filed, this would not normally protect the child from aging out. (16.Dec.2021)

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