Children Turning 21
Most beneficiaries of immigrant petitions have to wait for years before they get their green card (GC) mainly because of CIS (formerly INS) processing delays. The delay causes minor children (under 21 in US immigration laws) to "age-out", therefore becoming adults. As adults, they lose their eligibility for certain immigration benefits.
For example, A US citizen petitions sibling (S) under F4 category. S is entitled to bring along his unmarried minor child (C) as a DB. When C turns 21, he cannot join his parent S as a DB of a GC. The child aged-out due to processing delays. The faultless child should not be punished by taking away the immigration benefits he once had. Addressing this problem, Child Status Protection Act (CSPA) was signed into law on August 6, 2002.
In order to determine whether C remains in the original category, whether as the PB or DB, therefore retaining his immigration benefits, his "CSPA age" should be less than 21. CSPA age, as opposed to C s real age, is computed as follows: age of the child at the first day a visa number is available minus the length of time the petition was pending.
Every month, CIS releases a visa bulletin . The bulletin is a chart specifying cut-off dates for every family and employment-based quota categories. Cut-off dates mean that those petitions filed on or before those dates, already have available visas and are currently being processed. The first day of visa availability is the first day of the month, which has a corresponding bulletin with cut-off dates signifying availability. On the other hand, length of time petition is pending is the difference between the day the petition was filed and the day it was approved by the CIS (note: CIS approval does not guarantee a GC).
For C to claim CSPA age, he must have sought to acquire GC status within a year from visa availability. Sought to acquire has been interpreted as filing the DS-230. New rulings saw the expansion of the interpretation to include other pro-active acts by the beneficiary. CSPA also sets rules for other scenarios. If sponsoring parent is a US citizen, CSPA age is the age of the child at the time of filing. If parent is GC holder when the petition was filed, then subsequently naturalizes, the CSPA age is the age of the child at time of naturalization.
This article merely serves as general info that may or may not apply to your case, as each case is different and should be considered on a case-by-case basis. It is recommended to seek the advice of a US immigration lawyer who can best analyze your child s aging out problem. The author is a member of the Philippine and New York Bar. As a New York lawyer, he is authorized to practice US Immigration law. If you have specific questions, please contact Globex Immigration Alliance Services, Mobile: 09177009823, email: globexia@gmail.com, website: globex.justia.net
For example, A US citizen petitions sibling (S) under F4 category. S is entitled to bring along his unmarried minor child (C) as a DB. When C turns 21, he cannot join his parent S as a DB of a GC. The child aged-out due to processing delays. The faultless child should not be punished by taking away the immigration benefits he once had. Addressing this problem, Child Status Protection Act (CSPA) was signed into law on August 6, 2002.
In order to determine whether C remains in the original category, whether as the PB or DB, therefore retaining his immigration benefits, his "CSPA age" should be less than 21. CSPA age, as opposed to C s real age, is computed as follows: age of the child at the first day a visa number is available minus the length of time the petition was pending.
Every month, CIS releases a visa bulletin . The bulletin is a chart specifying cut-off dates for every family and employment-based quota categories. Cut-off dates mean that those petitions filed on or before those dates, already have available visas and are currently being processed. The first day of visa availability is the first day of the month, which has a corresponding bulletin with cut-off dates signifying availability. On the other hand, length of time petition is pending is the difference between the day the petition was filed and the day it was approved by the CIS (note: CIS approval does not guarantee a GC).
For C to claim CSPA age, he must have sought to acquire GC status within a year from visa availability. Sought to acquire has been interpreted as filing the DS-230. New rulings saw the expansion of the interpretation to include other pro-active acts by the beneficiary. CSPA also sets rules for other scenarios. If sponsoring parent is a US citizen, CSPA age is the age of the child at the time of filing. If parent is GC holder when the petition was filed, then subsequently naturalizes, the CSPA age is the age of the child at time of naturalization.
This article merely serves as general info that may or may not apply to your case, as each case is different and should be considered on a case-by-case basis. It is recommended to seek the advice of a US immigration lawyer who can best analyze your child s aging out problem. The author is a member of the Philippine and New York Bar. As a New York lawyer, he is authorized to practice US Immigration law. If you have specific questions, please contact Globex Immigration Alliance Services, Mobile: 09177009823, email: globexia@gmail.com, website: globex.justia.net