CSPA

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Child of a permanent resident and I-130 approved

Detailed question:

I am a child of a permanent resident and I got a I-130 approved 2003 but I was under the age and still single never been married when that was approved. Right now I posses an Employment Authorization that I have been re-applying for since 2000. Can I apply for a permanent resident?

Answer:

I am assuming your priority date is not current. If that is so, you cannot get your green card until all preconditions, including the priority date being current, are met.

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Green card under the Child Status Protection Act

Detailed question:

I have a friend who got his green card recently. His sister in law was the one who applied for the green card which was filed on October 1997. His son was 14 at that time. By the time he got his green card, his son was 22, so the son didnt get the green card. Can my friend's son still get a green card under the Child Status Protection Act, or some other ruling?

Answer:

Your friend can apply for an unmarried child independently. Application of CSPA requires analysis of specific facts. I suggest your friend should consult an immigration lawyer for that.

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Read the section under CSPA

Detailed question:

My sister's F4 application was approved 1997 and she is due to go for her interview any day. My question is - I was recently made aware that although at the time the application was made and approved her 2 kids were under 21, but now 12yrs later they are both over 21. What is the next step to take. I was told she has to petition them once she is in US and the priority date will be from 1997. Is that true? How does that work?

Answer:

Child Status Protection Act http://www.immigration.com/greencard/409/child-status-protection-act-cspa
Contact the consulate for their assessment.

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F-4 Visa for childrens who are over 21

Detailed question:

My sister's F4 application was approved 1997 and she is due to go for her interview any day. My question is - I was recently made aware that although at the time the application was made and approved her 2 kids were under 21, but now 12yrs later they are both over 21. What is the next step to take. I was told she has to petion them onece she is in US and the priority date will be from 1997. Is that true? How does that work?

Answer:

Ans. Please check the link for Child Status Protection Act (CSPA).

Contact the consulate for their assessment.

 

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