In all of these cases, the child’s status is frozen and, absent the child getting married, he or she will immigrate as an immediate relative.Ĭhildren in the F-2A category do not convert to the F-2B category upon turning 21 if their adjusted age is below 21 on the date the priority date becomes current for the F-2A category.
If the petition was filed on behalf of a married child in the F-3 category, but the child divorced before turning 21, the child will also convert to immediate relative. In the Ninth Circuit, the child may even have turned 21, as long as he or she is under 21 using the “adjusted age” on the date of naturalization. This is also true if the child started out in the F-2A category and the petitioner naturalized before the child turned 21. If a family-based petition is filed on behalf of an immediate relative child, the beneficiary will immigrate in that category regardless of how long it takes for the petition or subsequent application for adjustment or an immigrant visa to be adjudicated. However, it works differently for both groups and the filing strategy for permanent residency may depend on how old the child is at the time and whether he or she is filing to adjust status or consular process. It helps lock in the age and preserve the “child” status of both immediate relatives and those in the preference categories. The Child Status Protection Act, or CSPA, was enacted in 2002 in an effort to prevent certain children from aging out while they wait to immigrate on a family-based petition.
0 kommentar(er)
