Question:
My father is a Green Card
holder, and he just applied Green Card for me. I am 19 years old at
this time. What is the "Age-Out" for me if I reach age 21 while my
I-485 application is still pending?
Answer:
A child of a Permanent
Resident who is seeking permanent residency and who will turn 21 will
age out, and lose the original eligibility. In most cases, if the child
turns 21 before the adjustment case is approved, the case moves into
another preference category, which can result in a delay in the
processing time.
For example, for a daughter of a permanent resident, if the parent's
petition for her immigration was approved. She applied for I-485
adjustment of status while she was still 20 and unmarried. She was
categorized as Family Based Immigration in the Second Preference F2A.
If she reaches 21 while her application for I-485 adjustment is
pending. She ages out and loses her eligibility as Family Base
Immigration in the Second Preference F2A. If she stays unmarried, she
now is qualified for Family Based Immigration in the Second Preference
F2B.
Here the Second Section F2A is for spouses and unmarried children of a
green card holder, if the children are younger than age 21. the Second
Section F2B is for unmarried children age 21 or older of a green card
holder.
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