Child Status Protection Act

[naneky]

1. My husand now 32 and lives in the US was petitioned by his mother from Mexico who is a LPR in April 1996 which put him under category 2A. His priority date is April 1996. In 1999 he turned 21 so he turned into category 2B. My question is if he would be protected under the CSPA? under the 2A his priority date became effective a long time ago but under 2B the wait time is extremely long, it was only moved 1 year since almost 9 years ago.

The only problem is that due to the long wait of category 2B we decided to marry in 2003 and now have 2 daughters. We know this affected his application but I was wondering if there is a retroactive clause that would protect him? I would appreciate an answer. Thank you.

2. Can aUS Citizen sister petition a married half sister from Mexico but lives in the US? How long is the wait?

 

[BigJoe5]

Your husband has a petition with a priority date prior to 4/30/01, that can be used to "grandfather" a new petition under 245(i) if something is available. What is YOUR status?

CSPA is not the way to go. Did mom naturalized before he got married? Has she yet?

A half sister can be petitioned by a USC sibling IF they can prove that they share a legally recognized parent. For the same mother it is easy but with a shared father, each father child relationship had to meet the legal definition for child at INA 101(b)(1) that applies to the child in relation to the father.