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  • Age out with upgrade question

    A PR files the I-130 before the child turnes 21 and then the PR becomes a USC and upgrades the I-130.

    Is the childs age "frozen" as of the original filing date or is the childs age frozen as of the date the petition was upgraded.

  • #2
    A PR files the I-130 before the child turnes 21 and then the PR becomes a USC and upgrades the I-130.

    Is the childs age "frozen" as of the original filing date or is the childs age frozen as of the date the petition was upgraded.

    Comment


    • #3
      Neither. The age of the alien's child is determined based upon the date of the alien's naturalization.
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

      Comment


      • #4
        Hi

        Sorry, I do not understand the above reply

        If you file I 130 before child was 21 and priorty date was current then child will be protected

        Recommend you book info pass Go to www.uscis.gov

        Comment


        • #5
          Unfortunately not always.

          K2's or K4's or perhaps both.

          Comment


          • #6
            Sugarpuff,

            You can direct your question to a immigration attorney for free. Just go to the below link, click on the expert name and then click ask a question. The lawyers normally get back to you in a day or so. I use it alot and get some really good advice.

            http://experts.about.com/q/Immigrati...-344/index.htm

            Comment


            • #7
              Theone,

              I agree. K2 and K4 are rather different.
              The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

              Comment



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