0

I applied for an F4 immigration for my family and I in 2006. I recently got an email from the NVC stating that it was time to pay the fees and start collecting my documents which i was pleased to receive. I was under the impression ,however, that both of my children who are now 22 and 25 years of age have aged out but once i opened the application their names are mentioned and there is an option to pay their fees as well. So does this mean that will be accompanying me or will i have to apply for their immigration separately??

(Edit from OP answer)

Well, I filed for F4 immigration through my sister and got the letter from the authorities stating that our priority date is march of 2006. Just a few days earlier we received an email from NVC asking us to submit our fees in January 2019 (Sorry for not having the exact dates and knowhow because im really new to this.) My son 25 years old now i thought that his name would not be on the application site and for them to be asking me to give his fees as well along with my family as i thought he had aged out. So does this mean he will be granted an f4 visa with me??

Improve this question
2
  • 2
    You need to read this: uscis.gov/greencard/child-status-protection-act When was the petition approved? The time between filing and approval can be subtracted from the children's ages to see if they've aged out or not.
    – mkennedy
    Jan 16, 2019 at 19:27
  • @mkennedy that sounds like an answer.
    – phoog
    Jan 16, 2019 at 21:01

1 Answer 1

Reset to default
2

You need to read this. I have extracted a few statements but you should read the entire page.

To qualify as a child for USA immigration/visa purposes, a person has to be under 21 years of age and unmarried. The long processing and visa availability times caused Congress to pass the Child Status Protection Act (CSPA). It went into affect for petitions that were filed or pending on or after August 6, 2002.

The calculated age is the child’s “CSPA age.” This allows some people to remain classified as children beyond their 21st birthday. However, CSPA does not change the requirement that you must be unmarried in order to remain eligible for classification as a child.

...your CSPA age is calculated by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes available to you (age at time of visa availability). However, you must remain unmarried in order to qualify.

The formula for calculating CSPA age is as follows:

Age at Time of Visa Availability - Pending Time = CSPA Age

In other words, the time between filing and approval of a petition can be subtracted from the children's ages to see if they've aged out or not.

When was the petition approved?

Improve this answer

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge that you have read and understand our privacy policy and code of conduct.

Not the answer you're looking for? Browse other questions tagged or ask your own question.