In order to alleviate the consequences of children “aging out” and avoid separating families, the CSPA provides an age preservation formula, minimizing the number of age-outs. The formula provides beneficiaries on a pending visa petition to preserve their age as under 21, despite being over 21.
The CSPA formula works such that the child should subtract the time that the I-130 or I-140 was pending from his/her age when their priority date became current.
We will be happy to clarify all intricacies of these cases. Please contact us for more information.