F4 and deriving child age out protection


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I am a US citizen and filed a petition I-130 for my sister which was received by USCIS on May 25, 2007, application contained deriving child who at the time was 3,5 years old. The petition was approved on June 10 2007.

In December 2019 I received email requesting to update CEAC files for both my sister and her child which was completed and documents were approved as of March of 2020. However due to COVID the embassies were closed and visa bulletin has been dragging dates for over 3 years now. The child on the petition is turning 21 (unmarried) in one month and the chance that their date on the Visa Bulletin will move up and become current for the interview by her birthday are slim to none.

Current time in the table for F4 is Apr22 2007, which is a month away from the day petition was received. Does the deriving child on F4 petition fall under CSPA protection or not?

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