QUESTION: How are immediate relatives of US citizens treated when they turned 21 years of age before they applied for immigrant visa?
Answer: When a US citizen filed an I-130 petition for unmarried son or daughter under 21 years of age, the age is frozen at the time of filing. The beneficiary will qualify as immediate relative even if:
He or she becomes 21 years of age when the visa is being processed.
He or she turned 21 years of age prior to August 6, 2002, the effective date of Child Status Protection Act.
He or she was petitioned as single and later on got married but ultimately got divorce before he or she turned 21 years.
If the above applies to your relative, then he or she may qualify to apply for an immigrant visa at the U. S. Embassy or adjust status if in the United States. Question: What if the immigrant visa application was denied on or before August 6, 2002, the effective date of CSPA?
Answer: If your immediate relative filed for an immigrant visa on or before August 6, 2002 and was denied, then CSPA will not protect them. Only those with immigrant visa application that is pending on August 6, 2002 or have not yet applied for immigrant visa on August 6, 2002 are protected by CSPA.Question: What has changed from the original interpretation of CSPA by the USCIS?
Answer: Since May 6, 2008, the USCIS changed its interpretation of the CSPA. Originally the agency denied applicability of CSPA to those children who turned 21 before August 6, 2002, the effective date of CSPA. Now, the agency allows those immediate relatives who turned 21 before August 6, 2002 to apply for immigrant visa even if they are now in the F1 category or unmarried son or daughter of US citizens over 21 years of age. Question: What should the immediate relative do to avail of the new USCIS interpretation of the CSPA?
Answer: If your immediate relative is in this situation, you should consult with a reputable immigration attorney to analyze their case and give advice on action to be taken.
Note: This is not a legal advice. Each case is has its own circumstances and you may need to talk to an immigration attorney about your case.
Hot news of the week
We again have successfully obtained a waiver of fraud or misrepresentation in Immigration Court for a green card holder who entered as single but is actually married. The green card holder who has been in the United States for 17 years has a mother who is a US citizen.
We have just received approval from Administrative Appeals Office of I-601 Waiver. The applicant entered with an assumed name but she has a US citizen spouse and a US citizen child. The I-601 waiver application was initially denied by the USCIS District Office but the denial was reversed on appeal. She now has received her green card.
Green cards without expiration date should be renewed. They have the alternative of applying for naturalization. Please call our office for questions about renewing green cards.
Tips of the week
Waiver for misrepresentation at the time of entry (entered as single but is actually married) may be waived if you have a parent, spouse, son or daughter who is a US citizen or lawful permanent resident. Once approved you may be eligible for naturalization. You should apply now before your personal situation or the law is changed.
Denied adjustment of status and Naturalization applications are now being sent to the Immigration Court.
Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. Our office assists clients in obtaining ITIN.
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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University in Fullerton, California. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.
( Published on December 3, 2008 in Asian Journal Los Angeles p. B4 )
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