Legal Question in Immigration Law in Illinois

I-485 filing, turns 21 before green card issued

My step daugther is from Ukraine. She is here living with my wife and I. We filed a I-485 for her when she was 20. We have received notice of receipt from USCIS. She will turn 21 in December and my wife is worried that if she does nt get her green card before her 21st b-day, she will be deported and sent back to Ukraine. My sife is still waiting foe her interview as well. My wife nad her son are here on a K-1 visa and we were married over a year ago. Her daughter came over about 8 month slater on her mothers K-1 visa. We have filed all necessary documents and are just waiting.

If her daughter turns 21 be3fore her interview and green card, will she be deported? Or since we have already filed the I-485 documents, will she be considered in process and allowed to stay?

Thank you.


Asked on 8/07/05, 1:23 pm

2 Answers from Attorneys

Re: I-485 filing, turns 21 before green card issued

Indeed, the Child Status Protection Act should be seriously examined in order to resolve the adjustment of status and the aging-out situation.

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Answered on 8/08/05, 7:22 pm
Brian Sather Sather Immigration Law

Re: I-485 filing, turns 21 before green card issued

Your step-daughter's I-485 must be approved before her 21st birthday. You must notify USCIS of the imminent "age-out" problem and get them to put the case on an extreme fast-track so that the application is adjudicated before the birthday. It will be critical to ensure that the application can be adjudicated on the day of the interview. Among other things, this means ensuring that fingerprints are up-to-date, security clearance has been requested, and all up-to-date documentation is on hand for the interview. Because even attorneys often have a hard time making all this happen, you should hire one to increase the odds of success. [Note: if you married her mom before the girl turned 18, ignore all of the above and file an I-130 for the girl now -- per the Child Status Protection Act, her age will be "locked in" as of the date of filing.]

-- Brian Sather

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Answered on 8/07/05, 4:23 pm


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