Can my visa change once I am over the age of 21? 4 Answers as of July 29, 2011My mom petitioned me when I was 19 years old (F2A VISA).. And my priority date is Oct 2009. The current priority date for July 2011 is march 2008 and for august 2011, it would be July 2008. I would just like to ask for help if I am still on f2a category even if I'm already over 21 or my visa would be change to f2b automatically? Can I be able to have the Child Protection Law?
Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
The Child Status Protection Act (CSPA) allows the time a Petition for Relative (Form I-130) was pending before the DHS/CIS to be subtracted from the beneficiary's biological age at the time of visa availability so that the applicant is not penalized for the time in which the DHS/CIS did not adjudicate the Form I-130. Such a beneficiary must file an Application for Adjustment of Status (Form I-485) within 1 year of the immigrant visa becoming current or available.
Answer Applies to: Florida
Fong & Associates | William D. Fong
If you are now over 21, you have aged out of the FB-2A preference category and are now in the FB-2B. There is no need to notify the USCIS, but use this new FB preference category to determine when your PD is current. Please note that this category does not include you if you get married.
Answer Applies to: Texas
The Law Office of Khoa D Bui | Khoa D Bui
Use this formula: Your age at the time your PD became current - the length of time the USCIS took to adjudicate your case (from the filing date to the date of approval) If the answer is 21 or under, you will qualify to be in the F2A category.
Answer Applies to: California