Question regarding eligibility of child born on Jan 2 1992 for I-485 filing through his parent

[akpman]

Hi,

My nephew is born on January 2, 1992. He is on H4 on his father's H1.

His father's immigration process is I-140 and priority date is February 2009. Certainly, his dad will not be current on January 1, 2012.

The UCIS says - Children (unmarried and under 21) - may be included on the dad's petition.

How does UCIS count age ? My math says he completes 20 and hence under 21.

On January 2, 2012 -

Is my nephew considered over 21 and ineligible for H4 and also can not be included in his dad's petition ?

Can you please reply me asap

Thanks

[JoeF]

Hmm, I don't know how you calculated that.

According to my math, he would be 21 on Jan. 2, 2013. Easy, really. Jan 2, 1993 was his first birthday. + 20 years makes Jan 2., 2013 his 21st birthday.