H4 Kid aging out-What are her options ?

[suny77]

Hello all

please throw some information to help me here. 

my kid is 16 years old and it seems there is no way my PD 07/2015 I-140 become current before she turns 21. so I feel really guilty that i put her in the situation. 

1. how CSPA act work ? is she protected based on my PD ? 

2. If my PD becomes current after 21 , can  I or she file I-485 ?

3. As she is going to college soon, when she has to change here status from H4 to F1? Can she attend college with H4?  

Thank you

 

 

 

 

 

 

 

[newacct]

On 1/27/2024 at 6:50 AM, suny77 said:

1. how CSPA act work ? is she protected based on my PD ? 

2. If my PD becomes current after 21 , can  I or she file I-485 ?

You should read about how CSPA works. Basically, the length of time the I-140 is pending is subtracted from her age. So if the I-140 was pending for 1 month, then she ages out at age 21 and 1 month. But if the I-140 was pending for 10 years, then she ages out at age 31.

  

On 1/27/2024 at 6:50 AM, suny77 said:

3. As she is going to college soon, when she has to change here status from H4 to F1? Can she attend college with H4? 

She can attend college with H4, but cannot work. Of course, she will lose H4 status by age 21, so she has to change to F1 before then. F1 would also allow her to work on OPT/CPT, so she might want to change earlier.