Asian Journal- The Filipino-American Community Newspaper

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Understanding the Child Status Protection Act
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Corazon’s age should be fixed as of the date that a visa number became available to her (as per May 2005 Visa Bulletin, the cut-off date for the F2A category is March 01, 2001) “reduced by” the number of days that said petition was pending (in Corazon’s case, the petition was filed on February 12, 2001 and was approved on February 15, 2005; thus, it had been pending for 4 years and 3 days. These 4 years and 3 days must be subtracted from her age as of the date the visa number became available.
 
As of May 01, 2005, Corazon’s age was 22 years, 10 months and 5 days.  This, less the number of days of the petition was pending, i.e., 4 years and 3 days, will result in the freezing of Corazon’s age at 18 years, 10 months and 2 days.  This means that she should still be considered as a “child” under the F2A category.  Thus, even if she is already more than 21 years old, she should still be allowed to apply for permanent residence under the F2A category and not under the F2B category.
 
If you have further questions regarding this topic, please feel free to call us at (818) 956-8844 [Glendale] or at (626) 331-8188 [Covina] to schedule an appointment for your free initial consultation. You may also visit us www.palacioslawfirm.com.
 
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Attorney Eugene M. Palacios is the founder and principal of the Law Offices of Eugene M. Palacios. He is a highly experienced and respected immigration attorney with a successful track record in handling employment and family-based petitions as well as PERM and naturalization applications. He is licensed as an attorney in California and is admitted to practice before U.S. Immigration Courts, the U.S. Central District Court, and California State Courts. He is also an active member of the American Immigration Lawyers’ Association. His offices are located at 100 North Brand Boulevard, Suite 600, Glendale, California 91203 and at 800 South Barranca Avenue, Suite 250, Covina, California 91723.
 
The above article does not, and is not intended to, constitute legal advice for a specific immigration problem and does not create an attorney-client relationship between our office and the reader. It is for informational purposes only and reflects our law firm’s opinions and views on general issues.

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