What happens when the family-based petition is filed, but the alien relative with the family member’s child (unmarried) aged out when the petition was approved?

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Disclaimer: This article is meant for information purposes only and is not an official source for the immigration process. Please consult with your immigration attorney and official channels, including the sources provided in this article, and conduct your research based on your specific situation.

This article is part 2 of the Guide to U.S. Immigration for Filipino Nationals. Please refer to the article for information about the US immigration process for Filipinos.

When a child “ages out” (turns 21 or older) during the family-based immigration process, the Child Status Protection Act (CSPA) may provide protection, but the outcome depends on several factors including the specific immigration category and timing.

CSPA Age Calculation

The CSPA doesn’t use the child’s actual biological age. Instead, it uses a calculated “CSPA age” at the time the visa becomes available:

CSPA Age Formula:

CSPA Age = Biological Age on Priority Date Current Date - Petition Processing Time (in days)

For your 24-year-old example, if the petition took 2+ years to process, the CSPA age might still be under 21, allowing continued eligibility.

Different Outcomes by Category

Immediate Relative Categories (IR)

• Spouses of U.S. Citizens (IR-1): Children can be included as derivatives if under CSPA age when the principal applicant’s case is approved
• Children of U.S. Citizens (IR-2): If the child ages out, they lose eligibility entirely since there’s no derivative status available

Family Preference Categories

The outcome varies significantly:

F1 (Unmarried Sons/Daughters of U.S. Citizens):

• If a child ages out in this category, they may automatically convert to their own F1 case
• They keep the original priority date
• No action required – automatic conversion

F2A (Spouses/Children of Permanent Residents):

• Aged-out children can remain eligible if they’re unmarried
• They convert to F2B category (unmarried sons/daughters 21+)
• Keep the original priority date but face longer wait times

F3/F4 Categories:

• Aged-out derivative children typically lose eligibility
• Cannot independently qualify for these categories

Critical Timing Requirements

“Seeking to Acquire” Requirement

Even if CSPA age protection applies, the child must take steps to “seek to acquire” their immigrant visa within one year of visa availability. This means:

• Filing adjustment of status (Form I-485) if in the U.S.
• Proceeding with consular processing if abroad
• Failure to act within one year results in loss of CSPA protection

Priority Date Retention

In cases where automatic conversion occurs (like F1 to F1, or F2A to F2B), the child retains the original priority date, which can be valuable given long wait times for Filipino family cases.

Practical Steps for Your Situation

Immediate Actions

1. Calculate CSPA Age: Determine the exact CSPA age using petition approval date and processing time
2. Check Current Status: Verify which category applies and whether automatic conversion occurred
3. Monitor Visa Bulletin: Track when the priority date becomes current
4. Prepare Documentation: Ensure the now-adult child has updated civil documents

Documentation Updates

Since the child is now 24, you’ll need:

• Updated PSA birth certificate
• CENOMAR (Certificate of No Marriage) to prove unmarried status
• Updated police clearances (NBI and PNP)
• New medical examination when visa becomes available

Special Considerations for Filipino Cases

Long Wait Times Impact

Filipino family preference categories have particularly long wait times, which can complicate CSPA protection:

• F2B category (where F2A aged-out children convert) currently has 7+ year wait
• F1 category has 7+ year wait from priority date

Marriage Considerations

The child must remain unmarried to maintain eligibility in F1 or F2B categories. Marriage would:

• Disqualify them from unmarried categories
• Potentially qualify them for F3 (married children of U.S. citizens) if the petitioner is a U.S. citizen
• F3 category has even longer wait times (12+ years for Filipinos)

When CSPA Protection Doesn’t Apply

If the CSPA age is 21 or older and no automatic conversion applies, the aged-out child:

• Loses derivative beneficiary status
• Cannot immigrate under the original petition
• Would need a separate petition filed specifically for them
• Starts over with a new, later priority date

Recommended Actions

Consult Immigration Attorney

Given the complexity of CSPA calculations and potential consequences, consider consulting with an immigration attorney who can:

• Perform accurate CSPA age calculations
• Determine the best strategy for your specific case
• Help with any required conversions or new filings

Contact NVC or Embassy

If your case is already at the National Visa Center or U.S. Embassy Manila, contact them to:

• Confirm the child’s current status in the case
• Understand any required actions
• Get specific guidance for your case number

Document Everything

Maintain detailed records of:

• All petition filing and approval dates
• USCIS processing times for your specific case
• Any correspondence about the child’s status
• Marriage status documentation for the aged-out child

The CSPA provides important protections, but the rules are complex and timing is critical. Acting promptly and getting professional guidance can make the difference between successful immigration and starting the process over with significant delays.