對不起 8 老師，我是說， if my priority is current for employee base and I want to file Consular Processing with my child together, my child is <21 during file Consular Processing. Is the child age out if he/she > 21 during interview?
My lawyer told me yes because Consular Processing count age out on interview time and I-485 count age out on summit doc time.
-I do not agree with your lawyer. It should have no difference no matter whether the child uses I-485 filing or consular processing. So, when you file your I-824 for your child to use consular processing, your child's CSPA age is frozen and that means if your child CSPA age is < 21 at that time, then OK. Your I-824 filing for your child (排期 current) in this case is equal to the I-130 filing of a US citizen for his child.
Although USCIS will not approve your I-824 until your I-485 is approved, you can file your I-824 when you get your I-485 filing receipt. You may take 2 to 3 weeks to get your I-485 receipt. So, more correctly, there are a few weeks of difference between I-485 filing and consular processing.
I am confused about the age out between i-485 and Consular Processing. Do you have link??
-See this link to caculate your child CSPA age:
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