British Expats - Child Status Protection Act - signed by presidet Busy on Aug. 6th 2002

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Child Status Protection Act - signed by presidet Busy on Aug. 6th 2002

Hi, I am 25 years old and already in USA for last three years on Sutdent Visa. Green Card petition had been filed for my Mom by her sister ( who is in California) under family preference catergory F4 on Aug. 11th 1992. Right now visa cut off date for F4 category is Dec. 1990. I have heard that even if I am above 21 (i m 25 and unmarried ), I qulify to get green card with my mom when her priority date becomes current beacause of the new Child Status Portection Act - signed by President Bush on August 6th 2002. So will i qualify to get Green card with my mom after two years when her priority date becomes current? do i need to submitt any documents for that?

Re: Child Status Protection Act - signed by presidet Busy on Aug. 6th 2002

You are probably not eligible to immigrate with your mother based upon the stated facts, at least according to INS's current interpretation of this law. Per INS, this is how the CSPA works: When a visa becomes available to your mother, the amount of time between the time her sibling's petition was filed and the time it was approved (not the time it took a visa became available, but the time for the petition itself to be approved) subtracted from your age. If this sum is less than 21 then you are alright. However, in most instances it takes INS considerably less than 4 years to approve an immigrant visa petition, so the chances of you being helped by this rule is slim. However, there is an ARGUMENT that what the law means is that if you were under 21 when the petition was FILED (which you were) then you should be eligible to adjust status with your mother regardless of how long it took INS to decide the petition. This is the interpretation I favor, but so far I haven't found anyone willing to put my theory to the test.

Quote:

Originally posted by dhaval2828
Hi, I am 25 years old and already in USA for last three years on Sutdent Visa. Green Card petition had been filed for my Mom by her sister ( who is in California) under family preference catergory F4 on Aug. 11th 1992. Right now visa cut off date for F4 category is Dec. 1990. I have heard that even if I am above 21 (i m 25 and unmarried ), I qulify to get green card with my mom when her priority date becomes current beacause of the new Child Status Portection Act - signed by President Bush on August 6th 2002. So will i qualify to get Green card with my mom after two years when her priority date becomes current? do i need to submitt any documents for that?

Re: Child Status Protection Act - signed by presidet Busy on Aug. 6th 2002

Quote:

Originally posted by Michael E. Piston
You are probably not eligible to immigrate with your mother based upon the stated facts, at least according to INS's current interpretation of this law. Per INS, this is how the CSPA works: When a visa becomes available to your mother, the amount of time between the time her sibling's petition was filed and the time it was approved (not the time it took a visa became available, but the time for the petition itself to be approved) subtracted from your age. If this sum is less than 21 then you are alright. However, in most instances it takes INS considerably less than 4 years to approve an immigrant visa petition, so the chances of you being helped by this rule is slim. However, there is an ARGUMENT that what the law means is that if you were under 21 when the petition was FILED (which you were) then you should be eligible to adjust status with your mother regardless of how long it took INS to decide the petition. This is the interpretation I favor, but so far I haven't found anyone willing to put my theory to the test.

Hi Michael, thanks for your response, I dont know you will be mostly right but in the mean time i have tried to contact few immigration lawyers in NY, and answers from all of them are different and little confusing. 80% of them say i do not qulify but the reason they giving are different in each case. i am still working on it and trying to find the truth, thanks for all your help.