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  #1 (permalink)  
Old 01-25-2013, 03:41 PM
Member
Priority Date
:
May-03
Category
:
EB3
I140 Mailed Date
:
12/08/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/05/2007
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Join Date: Sep 2006
Posts: 78
CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute
Default EB3 dependent turning 21

My daughter is turning 21 in Mar 2014. I have heard that if dependent turn 21 then they are no longer eligible for green card under primary applicant. Is this true? We are worried that what should we do in order to prevent my daughter becoming ineligible for green card under me. has any one ran in this situation fordependents? Any support will be appreciated.
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  #2 (permalink)  
Old 01-25-2013, 03:52 PM
Member
Priority Date
:
May-09
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:
EB3
I140 Mailed Date
:
03/23/2010
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:
India
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:
I-140
I485 Mailed Date
:
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Join Date: May 2012
Posts: 32
anshu is on a distinguished road
Default

Quote:
Originally Posted by CHHAYA View Post
My daughter is turning 21 in Mar 2014. I have heard that if dependent turn 21 then they are no longer eligible for green card under primary applicant. Is this true? We are worried that what should we do in order to prevent my daughter becoming ineligible for green card under me. has any one ran in this situation fordependents? Any support will be appreciated.
Thats not true, real is if children under 18 and his/her parents file I-485 for children doesn't matter they get his/her green card but when he/she get green card that time child is single if he/she get green card before they merry then child out of adj status and his/her spouse status add with his/her, so don't worry. your daughter merrage before u check with her spouse status other wise she is ok..... that's preety sure.
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  #3 (permalink)  
Old 01-25-2013, 04:04 PM
Member
Priority Date
:
May-03
Category
:
EB3
I140 Mailed Date
:
12/08/2006
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:
India
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:
I-485
I485 Mailed Date
:
06/05/2007
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Join Date: Sep 2006
Posts: 78
CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute CHHAYA has a reputation beyond repute
Default

Quote:
Originally Posted by anshu View Post
Thats not true, real is if children under 18 and his/her parents file I-485 for children doesn't matter they get his/her green card but when he/she get green card that time child is single if he/she get green card before they merry then child out of adj status and his/her spouse status add with his/her, so don't worry. your daughter merrage before u check with her spouse status other wise she is ok..... that's preety sure.
Thanks for reply. My daughter is not getting married in future 5 years. So I understand she will be okay?
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  #4 (permalink)  
Old 01-25-2013, 09:28 PM
Senior Member
Priority Date
:
Jun-04
Category
:
EB3
I140 Mailed Date
:
06/10/2006
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India
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:
I-485
I485 Mailed Date
:
07/29/2007
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Default

This is a very serious issue and you need to contact an attorney for options. See below for some idea on what this means.

USCIS - Child Status Protection Act

Quote:
Originally Posted by CHHAYA View Post
My daughter is turning 21 in Mar 2014. I have heard that if dependent turn 21 then they are no longer eligible for green card under primary applicant. Is this true? We are worried that what should we do in order to prevent my daughter becoming ineligible for green card under me. has any one ran in this situation fordependents? Any support will be appreciated.
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  #5 (permalink)  
Old 02-12-2014, 02:27 PM
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eastindiacompany is on a distinguished road
Default Dependent child is turning 21 years and has a pending I-485

Hi,

I'm on EB3-I, PD is 03/2004, I-140 was approved in 2006, filed my I-485 in Aug 2007,
my wife and son's I-485 also filed in Aug 2007. My son's age was 14 when we filed, now
he is 20 years old, he will be 21 years in 02/2015.

My concern is, if he does not get the approval before he turns into 21, USCIS will reject
his I-485 due to aged-out ? Has anyone experienced similar issue ? Please share.

Did some research on net, found Child Status Protection Act (CSPA) in USCIS website
but it is confusing, did not get clear answer.

Thanks!
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  #6 (permalink)  
Old 02-12-2014, 03:20 PM
Junior Member
Priority Date
:
Aug-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Sep 2013
Posts: 7
kseshravi is on a distinguished road
Default

Quote:
Originally Posted by eastindiacompany View Post
Hi,

I'm on EB3-I, PD is 03/2004, I-140 was approved in 2006, filed my I-485 in Aug 2007,
my wife and son's I-485 also filed in Aug 2007. My son's age was 14 when we filed, now
he is 20 years old, he will be 21 years in 02/2015.

My concern is, if he does not get the approval before he turns into 21, USCIS will reject
his I-485 due to aged-out ? Has anyone experienced similar issue ? Please share.

Did some research on net, found Child Status Protection Act (CSPA) in USCIS website
but it is confusing, did not get clear answer.

Thanks!
I am in the same situation, and I checked this with my attorney. As per CSPA, the child's green card application is valid, even if the child turns 21. As long as you have applied 485 before the child turned 21, the application is valid. Even if your son turns 21, he can keep renewing the EAD based on pending 485 for ever. He can work based on the EAD

Thanks.
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  #7 (permalink)  
Old 02-12-2014, 06:37 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB3
I140 Mailed Date
:
11/05/2005
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
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Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts Saralayar is infamous around these parts
Default Do not worry

My Son turned 21 last year and a few back before his birthday, we got a letter from USCIS that his I-485 status and the GC process will continue until the primary person (me) get the green card. You guys also will receive such letter from USCIS. But if your son or daughter get married, they will loose this status. So don't worry.
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  #8 (permalink)  
Old 02-13-2014, 03:24 PM
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eastindiacompany is on a distinguished road
Default

Kseshravi and Saralayar,

Thank you so much, one more question in this regard, did your son/daughter
renew EAD or Advance Parole after 21st birthday ?

Redards!
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  #9 (permalink)  
Old 02-14-2014, 09:18 AM
Junior Member
Priority Date
:
Aug-04
Category
:
EB3
I140 Mailed Date
:
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:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
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Join Date: Sep 2013
Posts: 7
kseshravi is on a distinguished road
Default

No, he has not turned 21 yet
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  #10 (permalink)  
Old 02-14-2014, 06:20 PM
Junior Member
Priority Date
:
Aug-03
Category
:
EB3
I140 Mailed Date
:
06/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
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Join Date: Sep 2007
Posts: 18
patbose is an unknown quantity at this point
Default Dont Worry

Quote:
Originally Posted by eastindiacompany View Post
Kseshravi and Saralayar,

Thank you so much, one more question in this regard, did your son/daughter
renew EAD or Advance Parole after 21st birthday ?

Redards!
My Son was 20 when we filed our 1-485 in 2007 . We renewed his EAD thrice after that . We got our GC Sept '13 when he was 26. So dont worry . As long as you have filed his I-485 before he turned 21 , you are good to go.
__________________
EB3 INDIA
PD AUG '03
I485 Filed July 26th 2007
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  #11 (permalink)  
Old 02-22-2014, 01:41 PM
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eastindiacompany is on a distinguished road
Default

Thanks to all of you!
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