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X is sponsored for an IV with her children below 21 at the time of the petition. At the time of interview, what would happen if the children become 21 years in age?

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X is sponsored for an IV with her children below 21 at the time of the petition. At the time of interview, what would happen if the children become 21 years in age?

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On August 6, 2002; the US President signed into law the “Child Status Protection Act”, which allows aliens who have filed applications or petitions as children under INA to remain eligible as children after turning 21 years of age under a number of circumstances. Such ‘age-off’ cases were difficult earlier because applicants crossing 21 years would require them to change to F-2B category and go for longer wait. Now, the law has become friendly to child applicant less than 21 at the time of filing I-130 petition as the applicant is considered below 21 throughout the case.

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