My aunt applied for the F4 US (Family Preference Immigrant Visa) 13 years ago for my mother and her family. Now that we have received our approved petition letter after 13 years, we’re not sure if children who were 13 years old at the time when their case was filed, and are over 21 now, are still eligible to carry on with further processing. Although the names of all applicants (including children) are still visible under case description along with their respective ‘PAY THE FEE’ option boxes, we’re not sure whether or not they have been considered aged out (as they are over 21 now). Please let me know if this could be an issue in the near future so that we can submit the fees of all applicants without having any doubt.11ayesha mir
Yes, they are eligible for the visa.
Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. The CSPA went into effect on August 6, 2002.
CSPA does not change the definition of a child. Instead, CSPA provides a method for calculating a person’s age to see if they meet the definition of a child for immigration purposes. 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.
Please check this link for detailed information: https://www.uscis.gov/greencard/child-status-protection-act
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