请教8老师,Filing I-485后,孩子的年龄是否被锁定?不论将来发生什么(如排期又倒退或是485pending多久)都不存在age out 的问题了?
-If your child files I-485 based on the APPLICATION FINAL ACTION DATES (this means visa number becomes available, i.e.PD is current), then it is true. But if your child files I-485 based on DATES FOR FILING VISA APPLICATIONS (this means PD is not current yet), then it is not true from my understanding on the current CSPA law unless USCIS/DOS have new Memo for this issue some time later.
Here is the the formula for calculating the CSPA age of the alien child involves two dates:
1. the age of the alien child on the date on which an immigration visa becomes available for his/her parent's immigration petitions;
2. the number of days the immigration petition is pending
The CSPA age of the alien child = (1) - (2)