Current Visa, Asylum, Son age 22 ?

B

bpworld128

Registered Users (C)
I'm very fortunate to have an opportunity to be in US with current EAD card renewing every year based on ongoing pending asylum case. Now, the time has come to move from temp to permanent status. Current visa bulletin shows January 01,2001 as priority date. In few months I hope to see that priority date jump from January 01 to April 01 , providing the wonderful opportunity .

However, with this wonderful opportunity comes a possible risk of jeopardizing ability to obtain permanent status for my son who is 22 years of age, unmarried. As you can see this will pose a big question weather I should move forward or not .

Does age rule (21) automatically apply regardless if child has lived in U.S. nearly rest of his life ?

Can my son seek permanent status under 245I under Child Protection Act ?

thank you

Ben
 
bpworld128 said:
I'm very fortunate to have an opportunity to be in US with current EAD card renewing every year based on ongoing pending asylum case. Now, the time has come to move from temp to permanent status. Current visa bulletin shows January 01,2001 as priority date. In few months I hope to see that priority date jump from January 01 to April 01 , providing the wonderful opportunity .
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You have a pending asylum case? On what basis is your PD becoming current? Are you the beneficiary of an approved I-130 or I-140? What is your PD?
 
Yes

Asylum case is pending upon BIA Decision. My brother filed an petition under brother to brother, priority date was issued (April 01,2001). I-130 was approved in October 2005.

If I am correct with my dates then its matter of time before April 2001 kicks in. Correct me if I'm wrong ?

Thank you
 
The Child Status Protection Act may allow your son to obtain a green card with you if he remains unmarried and he is covered under your asylum case. If he's not covered by your asylum, he'd be here illegally* which would prevent him from obtaining a GC through your brother's sponsorship. His adjusted age under the CSPA would be 17 or 18, because the I-130 took 4.5 years to get approved.


*unless he managed to get some other legal status
 
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Excellent.

I also notice with adjusted age under Child Protection Act is 17 years old. Son is included in current asylum case. Strong possibility exist for my son to adjust his status .


Thank you.
 
Also

Son is also included in original petition filed . The brother to brother filed contains my entire family , son, wife . Everyone is on their.
 
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