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Need clarity on Aging out

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  • Need clarity on Aging out

    I am a derivative nephew (INDIAN CITIZEN) of my uncle (US Citizen), who filed a petition for my Dad on f4 category.
    My age: May 1, 1995
    Priority date: July 1, 2007
    i130 Approval Date: July 1, 2009
    Expected Date when Priority Date goes current for my category (INDIA): Jan 1, 2022

    Right now, I am 25 years old. Does CSPA or any other age protection help me from not ageing out.

  • #2
    Since the I-130 was pending for 2 years, you age out at age 23. Since you are already over 23, you have aged out.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Isn't there a clause that says that if i-485 was pending for a long while, that could help the OP?

      Otherwise he will need to go the F24 route.

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      • #4
        Originally posted by condor View Post
        Isn't there a clause that says that if i-485 was pending for a long while, that could help the OP?

        Otherwise he will need to go the F24 route.
        No, the pending time is for the petition. In this case, it was pending for only 2 years and that is the only time that can be subtracted.
        Nov 2018 - Package sent - EB - Texas Service Center
        Day 1 - Package received at the lockbox
        Day 999 - Card delivered to me - Aug 2021
        ---
        All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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