Child Status Protection Act
 

Hi, I have just read a thread and noticed someone mentioned the CSPA. I was wondering if this would apply to my daughter. Back-story.

USC sister filed I-130 Feb 2003, Approved 2007 and our priority date was on course for last December but the visa retrogression happened and they are now working on Nov 2000. My daughter is currently 18 (19 in June) and will very likely age out at the current rate of processing.

Do you think she would be covered by the CSPA? She was only 9 when my sister filed in 2003! It makes me so mad/sad to think we've waited all these years and she may not get it after all....Is there anything we can do? Any Ideas?

Thanks guys, I appreciate your input.:fingerscrossed:

Re: Child Status Protection Act
 

Well she has another two years to turn 21, and another four years that the I-130 was pending. So, if the priority date becomes current within the next six years (you should work out the details more carefully to get the exact number) then she will be good. So your chances are pretty good.

Re: Child Status Protection Act
 

Hi, Thanks for your reply but I don't fully understand what you mean. I was under the impression that once she turns 21 she 'ages out' regardless of where we are in the process...Is this correct? If so it would mean she ages out in 2 years.

Why are you saying 6 years so we should be good, I am sorry to sound dumb but I feel like I am missing something.

Re: Child Status Protection Act
 

The CSPA gives you extra time - in your case an extra four years or so, which was the time it took for the I-130 to be approved. So for adjusted age of your daughter is actually four years less then her real age - thats the age you should be looking at.

Re: Child Status Protection Act
 

Hi, oooh, Thats good news, I dug out the paperwork just now and we received the approval notice in 2009! We filed on Feb 4th 2003 so would that mean that seeing that the time between we filed and the approval notice was 6 years that she would have 6 years after turning 21 to still be eligible to process?

Do you have a link to anywhere I can verify this and email it to my lawyer so he can look into it? Thank you very much, I really appreciate it !

When I looked into this, it just looked like it was for immediate family only and 4th preference was left in the gutter so to speak....

Re: Child Status Protection Act
 

See http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Re: Child Status Protection Act
 

Wow, Thank you so so so much! You just made my day and took a huge weight off my shoulders! Funnily enough I had looked at that page yesterday and only looked at the immediate relative part to the left, I didn't read the preference category to the right which is what applies to us.

I hope you have an awesome day, You really helped someone today!:thumbsup: