Aging out and 485 adjustment of status

[vbollu]

Regarding the question for "getting kids aged", do they have to get the GC before they turn out to 21 or at least even if the file for I-485 should be fine for non immigrants kids? if any one knows can you please answer?

[Spectator]

Regarding the question for "getting kids aged", do they have to get the GC before they turn out to 21 or at least even if the file for I-485 should be fine for non immigrants kids? if any one knows can you please answer?

I think your question is:

At what point is the child's CSPA frozen, when filing an I-485?

If the I-485 is filed because the Final Action Date in the VB is later than their PD, then the CSPA age is frozen on the first day of the month of the DOS Visa Bulletin that indicates availability for that immigrant preference category and priority date in the Final Action Dates chart.

If the I-485 is filed based on the Filing Date in the VB being later than their PD, then the CSPA age is only frozen when the FAD posted in a future VB is later than their PD.

You can find this information in the USCIS Policy Manual Chapter 7

Here's the relevant passage:

Visa Bulletin Final Action Dates Chart used for Child Status Protection Act Age Determination

While an adjustment applicant may choose to file an adjustment application based on the Dates for Filing chart, USCIS uses the Final Action Dates chart to determine the applicant’s age at the time of visa availability for CSPA age calculation purposes. Age at time of visa availability is the applicant’s age on the first day of the month of the DOS Visa Bulletin that indicates availability according to the Final Action Dates chart.

An applicant who chooses to file an adjustment application based on the Dates for Filing chart may ultimately be ineligible for CSPA if his or her calculated CSPA age is 21 or older at the time his or her visa becomes available according to the Final Action Dates chart. [30]

[vbollu]

I think your question is:

At what point is the child's CSPA frozen, when filing an I-485?

If the I-485 is filed because the Final Action Date in the VB is later than their PD, then the CSPA age is frozen on the first day of the month of the DOS Visa Bulletin that indicates availability for that immigrant preference category and priority date in the Final Action Dates chart.

If the I-485 is filed based on the Filing Date in the VB being later than their PD, then the CSPA age is only frozen when the FAD posted in a future VB is later than their PD.

You can find this information in the USCIS Policy Manual Chapter 7

Here's the relevant passage:

thanks for your information,