New revisions to Child Status protection Act

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mahe0051

Registered Users (C)
My mother, who is a greencard holder now, has filed my brothers greencard in June 2005 who was under 21 at that time. Now he is over 21 since October 2005 . We got the approval of that petition under category F2A from USCIS in November 2005 . Could anybody please let me know if the new changes in this act affect my brother's situation. Will his F2A category REMAINS with this new change or he has still aged out and considered as F2B candidate .
Please see this link
http://www.uscis.gov/files/nativedocuments/CSPA_30Apr08.pdf

Any insight would be very-very helpful
Thanks!
 
my understanding is that things do not change for LPR's..., but citizen's children will never age out.... but i am not very clear about this....


does anyone else have any input?? please share! thanks in advnce
 
Greencardmaze is correct. Nothing changed for LPRs, only citizens. So in this case, your brother will age out and be considered as F2B, and I think at this point you can petition USICS to retain the priority date of the F2A application. If your mother naturalizes, then your brother's age at that time is what will be considered, and in your case he will already be over 21 in which case, he will be considered F3 if he is married, or F1 if he is unmarried.
 
mahe0051 said:
My mother, who is a greencard holder now, has filed my brothers greencard in June 2005 who was under 21 at that time. Now he is over 21 since October 2005 . We got the approval of that petition under category F2A from USCIS in November 2005 . Could anybody please let me know if the new changes in this act affect my brother's situation. Will his F2A category REMAINS with this new change or he has still aged out and considered as F2B candidate .
Please see this link
http://www.uscis.gov/files/nativedocuments/CSPA_30Apr08.pdf

Any insight would be very-very helpful
Thanks!
Click to expand...

I read this update. And I'm in a similar position.
It still says nothing about if the child's CSPA's age is over 21. Like me for instance, even with the formula, my CSPA's age is 23 years. Does that mean I still do not qualify under the act? If my parent is issued the immigrant visa as an LPR, does that then transfer me to the family preference 2B? If so, does that mean I will be able to process with him then at his interview?
 
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