加拿大华人论坛 加拿大留学移民超龄子女能否随父母一起赴美

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99年申请，09年批，但子女已经到了27岁，能否受保护？

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回复: 超龄子女能否随父母一起赴美99年申请，09年批，但子女已经到了27岁，能否受保护？点击展开...听说是锁定的。

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http://www.canadameet.com听说是锁定的。点击展开...什么意思？可以帮忙解释吗？

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回复: 超龄子女能否随父母一起赴美什么意思？可以帮忙解释吗？点击展开...你99年递交485的时候孩子才17岁，如果当时你的申请包括你孩子，那09年拿美国绿卡就应该有你孩子的份。

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http://www.canadameet.com回复: 超龄子女能否随父母一起赴美有的啊，同上，当时如果有申请孩子，那么年龄是按当时的算的

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回复: 超龄子女能否随父母一起赴美有的啊，同上，当时如果有申请孩子，那么年龄是按当时的算的点击展开...其实我说的不对，孩子其实是会age out的，以下有详细的解释和不少例子：Age Out "Age Out" arises in a situation when a “child” applies for adjustment of status, consular processing, or naturalization, and during the processing of the application the "child" turns 21 years of old, and "Ages Out".Under immigration law, a child is defined as an unmarried person under the age of 21. In many instances, an alien child is eligible for immigration benefits if he/she is the child of an U.S. citizen or permanent resident, the child of a beneficiary to an immigrant petition, or a derivative beneficiary of a parent's employment based immigration. A child who turns 21 before his/her application for adjustment of status or application for immigration visa is adjudicated has "Aged Out", and has lost his/her eligibility for a Green Card. 但如果申请的是工作类的移民，"Child Status Protection Act"可以保护申请的时候不到21岁的孩子：Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of USCIS processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the USCIS adjudicated their I-485 applications. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary. Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below. Example 1 The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example belowExample 2 Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.Example 3Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.Example 4Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.Example 5Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current. Example 6Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven month on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate

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http://www.canadameet.com你99年递交485的时候孩子才17岁，如果当时你的申请包括你孩子，那09年拿美国绿卡就应该有你孩子的份。点击展开...是否要写信到大使馆申请？

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回复: 超龄子女能否随父母一起赴美是否要写信到大使馆申请？点击展开...还没有听过到大使馆办的。

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http://www.canadameet.com回复: 超龄子女能否随父母一起赴美批的时候超龄的话就是不行了，写信到哪里都没用的。

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