my son is 21 this year

[greenjacket]

hi me again
my pd is march 2007 and i started my gc in the usa but had to come back to the uk for some time so i filed for cp my son will be 21 at the end of this year is this a problem or will he be ok i have read that it might be can any one clear that up for me?
thanks.

[Spectator]

hi me again
my pd is march 2007 and i started my gc in the usa but had to come back to the uk for some time so i filed for cp my son will be 21 at the end of this year is this a problem or will he be ok i have read that it might be can any one clear that up for me?
thanks.greenjacket,

You don't give enough information and the Child Status Protection Act (CSPA) is notoriously complicated.

In general, for EB cases, the CSPA age is actual age at the time the PD first becomes Current (or when the I-140 was approved, if later) minus the time the I-140 took to be approved. e.g. if the person was 23 years 1 month old when the PD became Current and the I-140 took 2 years 3 months to approve, their CSPA age would be 20 years 10 months.

See this memo http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2008/cspa_30apr08.pdf

If your son will turn 21 this year and with a PD of March 2007, it is possible he may "age out" before he can "lock" his age by submitting the appropriate CP documents, depending on how long the I-140 took to be approved and your place of birth.

CSPA is a subject where a knowledgable lawyer is often required.