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Thread: CSPA?aging out

  1. #1
    LPR petition filed for son in December 2001 when the son was only 19, now he has turned 23.5 years old and the priority date is February 2002. Is he still eligible to come to the USA? The consulate in Manila sent a letter of approval but has not advised to prepare his papers nor advised him for an interview. What do we need to do? Did he age out?

  2. #2
    LPR petition filed for son in December 2001 when the son was only 19, now he has turned 23.5 years old and the priority date is February 2002. Is he still eligible to come to the USA? The consulate in Manila sent a letter of approval but has not advised to prepare his papers nor advised him for an interview. What do we need to do? Did he age out?

  3. #3
    He should be protected under CSPA. I'm assuming the consulate sent him the letter of approval for his I-130? Best to contact the consulate again and clarify what the next step should be.

  4. #4
    Guest
    Wheather he aged out or not will be determined when the priority date becomes current. That may be the reason he hasn't received any further instructions from the consulate.

    This case looks like a close call. With the information provided (not too precise), I say the son will be OK as long as the priority date becomes current before his 25th birthday.

  5. #5
    Lulu,

    Are you a USC? If so and you filed a green card application (not just a petition) prior to his 21st b-day he is protected

  6. #6
    No. I am a permanent resident. The beneficiary is now 24 years old. The petition was in 2001, and the priority date is feb 2002, he was petitioned as a child in dec 2001. He is in the Philippines

  7. #7
    Too bad. How long till you become a citizen, shoulb be soon

  8. #8

  9. #9
    upgrade the peition then and his age will be frozen.

  10. #10
    I believe it's too late because the priority date now is feb 2002 and his petition was filed in 2001. How can I upgrade the petition? Pls advise me.
    Thank you

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