permanant resident applying for 21+ year old, but applied a decade ago

[djvice]

My uncle [Legal Permanant Resident (LPR)] applied for residency for his 3 children and wife 10 years ago. He has been in the US all this time and they have been in Mexico...and they have never been in the US.

He applied like 10 years ago for them. He finally recieved a response that his children have interviews February 29th. At the time he applied, they were 12, 10, 9 years old. They are now 22, 20, 19.

So will the 22 year old be denied because they become ineligible after they turn 21? This is kind of unfair. I mean, what the hell...you have to apply for your child before they turn 12, otherwise the delays in the process will ensure you are locked out. Am I misunderstanding something? Please, somebody respond! Thank you

[kitkat1]

LPRs have to wait much longer because their priority is lower than those of US citizens. They have to wait for a visa to become available, so that's why there is a delay.

Take a look at some of these links about age out:

Does The Child Status Protection Act (CSPA) prevent my child from “Aging Out?”

If you are a Legal Permanent Resident petitioning on behalf of your child, a formula for timing is clarified in the September 20, 2002, CSPA memo for you to review.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b5896c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD

http://www.hooyou.com/ageout/index.html

[aleful]

djvice,
It all depends on his or her priority date, but if all 3 children have a date, then they can all go.The only way they could be ineligibe is if they married. LPR cannot petition for married children, but of course they can petition for children under 21 and single over 21.

It all depends on their priority date. the only thing that could happen maybe because we don't know the priority dates is that he or she might have to wait a little longer, I don't know, but that doesn't make them ineligible. He or she might be denied now, I don't know it could happen, but it would only be matter of time for them to become a LPR

He or she only changes categories, but that doesn't mean your cousin won't become a LPR sooner or later.

[djvice]

How do I find out the "priority date of the Form I-130 becomes current"...I don't even know what that means.

"your child must seek to acquire the status of a lawful permanent resident within one year of visa availability"

Confused about that one too.

[kitkat1]

Each approved visa petition is placed in chronological order according to the date the visa petition was filed. The date the visa petition was filed is known as your priority date. If they have interview dates scheduled, their priority date is now current. (Priority is based on the petitioner's status legal permanent resident or USC and relationship. Spouses have higher priority than siblings, for example. They do this because not everyone can get a visa at the same time -- it's a waitlist).

Just follow the instructions below to figure it out -- as long as they are going to an interview and acting on the approved petition, there shouldn't be any issue.

Under the CSPA, if you are a lawful permanent resident and you file a Form I-130 on behalf of your child before he or she turns 21, your child’s age will be determined using the date that the priority date of the Form I-130 becomes current, minus the number of days that the Form I-130 is pending. In addition, your child must seek to acquire the status of a lawful permanent resident within one year of visa availability.