Filing for I 485 and Age Freeze for Child

Jura

By Jura,
in AOS & CP : General

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Jura Member

Jura

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Good Day. My son will turn 21 in 10 months, and will have a 3 month protection due to the  I 140 filing time. If I can file my I 485 before he ages out, will his age be frozen till the green card is issued at a much later date? He is a university student in the US and will have to file for F1 soon. Will this deter him from the application when my PD becomes current if he is still within the "Child protection Age"?  My PD is in the EB3 category. Thank You.

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newacct Advanced Member

newacct

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On 12/4/2018 at 3:20 PM, Jura said:

So filing for I485 will not save the application even if PD is met before he turns 21 and filing is done?

If I-485 is filed while he is in status (i.e. before he turns 21) , or (since this is an employment-based category) if I-485 is filed when he is out of status but has had less than 180 days of being out of status or illegal employment since the most recent entry, his I-485 is fine and he can stay while I-485 is pending.

Note that being out of status is a separate issue from aging out. He loses H4 status immediately upon turning 21, but he might not age out for immigration purposes until later, depending on the CSPA calculation.

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