Quote:
Originally Posted by Swim19
there's a formula you can use to see what your age is for immigration purposes. You take the age you are now and subtract amount of time that the visa petition was pending (not the amount of time it took for your priority date to become current). If your age is under 21 you are good to go.
My petition became current this year (10 year wait) and both my brother and I aged out (our petition only pended for a few months). There is another part of the CSPA having to do with if you age out after the formula that you should be able to retain your priority date. So technically once your parents have their greencards, they could then petition you (you'd be an unmarried adult child of a green card holder) and theoretically your priority date most likely would be current so you wouldn't have to wait so long. Right now there is a class-action lawsuit regarding that clause. Check out shusterman.com good resource for all that.
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it took 17 years for our petition to be current, due to back logs. i did the formula, but it said the only time that you should only subtract your age from, is to the time when the petition was filed then approved. Now, in my knowledge the approval of such a petition doesn't really take that long, it's not even a year long, only MONTHS! im 23, so minus the MONTHS it will only leave me to 22 and some change. So with that being said, i still aged-out.
and you mentioned something about
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Quote:
Originally Posted by Swim19
So technically once your parents have their greencards, they could then petition you (you'd be an unmarried adult child of a green card holder) and theoretically your priority date most likely would be current so you wouldn't have to wait so long..
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so what do you exactly mean by having my priority date current?
and how much time am i looking at? how long do i have to wait?