| Article Index |
|---|
| Your aged-out child may still be eligible for a Green Card (Part 2 of 3) |
| Page 2 |
| All Pages |
HOW do children of US Citizens and lawful permanent residents benefit from the Child Status Protection Act (CSPA)? Last week’s column contained a general overview of the purpose of CSPA and highlighted the importance of retaining the classification of a "child". This week will discuss common scenarios involving CSPA with the hope of giving clarity to readers.
Q. I am a US Citizen and want to petition my 20-year old daughter in the Philippines. I have heard the whole process takes more than one (1) year. Does it mean my daughter will possibly age out?
A. Unmarried child of a U.S. citizen under 21 falls under Immediate Relative (IR) category and as long as the immigrant petition was filed before child turns 21 she will remain in IR categoryand does not age out. That means she will be granted an immigrant visa even if she has turned 21 before the process is complete.
Q. My grandson is already 23 years but he was only 12 when I petitioned his mother. The petition has been approved but the visa bulletin indicates that the priority date is not current yet. Has he aged out?
A. Yes, he has aged out because he is already over 21 years old and his mother’s priority date is still not current. He can no longer be considered as derivative beneficiary for CSPA purposes.
Q. My son was 19 years old and married when I petitioned him under Third Preference (F3) category. He is now divorced and still under 21 years old. How does it affect my approved petition for him?
A. Your immigrant petition for him can now be converted into Immediate Relative category because he is no longer married and still under 21. He can apply for adjustment of status if he is in the United States or update the National Visa Center (NVC) of his new marital status if he is in his home country. The processing of his immigrant visa will begin as soon as NVC is notified of the termination of his marriage.
Q. I petitioned my 22-year old unmarried son under Second Preference (F2b) category four years ago. Now I am a naturalized citizen and his petition is still pending. Does it mean his petition is converted to First Preference category which makes the waiting period even longer?
A. Generally the petition is automatically converted to another category or forfeited once the status of the petitioner or beneficiary changed. Your son is now classified under First Preference (F1) category. However, under the Child Status Protection Act,(F1) category. However, under the Child Status Protection Act, he can choose to remain under the F2b category even if you have naturalized. That means he does not have to wait more than the original waiting period.
Q. My daughter and her husband got their immigrant visas in 2000 thru my husband’s petition. Their son turned 21 in 1999 and was denied of immigrant visa in 2000. Is he still eligible for immigrant visa even if he is already 29 years old?
A. Unfortunately he is no longer eligible because the visa became available after your grandson has turned 21. Besides, CSPA regulation would no longer apply to cases that were adjudicated before the enactment of CSPA on August 6, 2002.
| Comments |
|
3.26 Copyright (C) 2008 Compojoom.com / Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved."
| < Prev | Next > |
|---|
