JAS
Feb 24, 2026
I-485 pending since 2022 – Medical RFE received March 2025 – Child turning 21 soon
My Form I-485 (EB-2 NIW) has been pending since 2022.
My I-140 was approved on January 31, 2024, and the EB-2 category is currently current for my priority date.
USCIS received my medical RFE (I-693) response on March, 2025. Since then, I have not received any updates.
My main concern is that my derivative child will turn 21.
Given that my priority date is current and the medical exam was already submitted, what would you recommend at this stage?
Would submitting a service request (inquiry) help in this situation?
Should I consider filing a new I-485 to protect CSPA?
Thank you.
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jnnnnn dlcmee de mfFeb 24, 2026
search up child status protection act. if your child is under 21 when pd got current, you can apply for cspa which will treat him/her as under 21 (even if 21+).
Manifest LawFeb 25, 2026
If your child’s I-485 was already filed and their CSPA age was under 21 when the visa became available, their age should be locked in, even if they turn 21 while the case is pending. In that case, filing a new I-485 usually does not provide extra protection.
Since your case has been pending since 2022 and medical was submitted in March 2025, you should submit a service request and consider a congressional inquiry now, clearly mentioning the age-out risk. It would also be wise to have an experienced attorney confirm the CSPA math and advise on next steps with U.S. Citizenship and Immigration Services.
- Attorney Ana Gabriela Urizar
(All information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney - client relationship. Your situation may require fact-specific guidance. For personalized legal advice, please consult an immigration attorney directly.)
