Age-out Problem Over 21

We family has applied F4 petition to USA. Priority Date was April, 2003. We still waiting for the approval. We think the approval will come in 2014.

Two question:

Do I need to take any action to ensure my daughter can get the visa before her age of 21 next year in December, 2013?

My daughter is planning to study in USA, August 2013 , Does she need to come back for the interview in US Embassy if we got the approval after she were in USA?


Hi, Mr Gary, Thanks for your response to my question. May I know more about the law? Will the us immigration dept allow us to go usa one year early because our daughter is going to age 21 next year.

What do you mean if our daughter is eligible. In what condition that she would be unqualified?

更新 2:

Gary, how do I know the processing is delayed by government or others? The Priority Date was in April, 2003 . Thanks so much.

2 個解答

  • Gary
    Lv 7
    8 年前

    1. There is nothing you can do, really.

    CSPA provides status protection if your daughter is eligible. Since you did not include any further information, it is difficult to know if she is indeed eligible or not.

    Regardless she is eligible or not, the U.S. Consulate will take steps to ensure if she will be qualified for a visa.

    2. She is considered as follow-to-join. You have basically 2 options:

    a. Return and get interviewed in Hong Kong; or

    b. As soon as you have landed in the U.S., she applies for adjustment of status at USCIS.

    Since CSPA will impact the whole thing, if possible, Hong Kong will be your best choice, given no information is available for now.

    2012-11-01 17:21:38 補充:

    Basically, Child Status Protection Act or CSPA provides status protection to age-out children delayed by government process (but not lack of visa quota), which in your case, the processing of I-130 petition.

    2012-11-01 17:22:44 補充:

    Simply saying - if your family's I-130 petition has been delayed, your daughter may be eligible.

    Otherwise, based on current process, your daughter is a done deal with no chance going to the U.S. with your family.

    2012-11-03 04:21:42 補充:

    It goes all the way back when your relative applied I-130.

    Basically, the receipt date has to have a significant difference from the Priority Date. Then your daughter will be qualified.

    You can see the information from I-797C.

    2012-11-03 04:22:39 補充:

    By the way:

    Receipt Date - the date that U.S. Government received the petition.

    Priority Date - the date that you are officially on the waiting list for immigration.

  • George
    Lv 6
    8 年前