Question about Child Status Protection Act (CSPA).. Please help..

S

saeasy

Registered Users (C)
Hi Immigration gurus..
I'm US citizen and applied for the immigration of my married brother and sister.
The I-130 Received Date: march 20th 2002
notice date: march 23rd 2002

We received the I-130 approval in Sept 2010.

My sister has two sons and there age is now 24 and 22 years now but when we filed the petition in 2002 they were 16 and 14 years.
THier date of Birth are: 7th March 1986 and 22nd July 1988 respectively.

I was reading the Child Status Protection Act and it says that if the age of a child passes 21 years during the petition is still in pending status , it may allow children to remain eligible beyond 21 years of age. I dont know how to find out if the kids are eligible.
Should I email the NVC and ask the procedure and how to proceed. Please help in this regard.. I'll really appreciate the advises and comments ... thank you ..
 
To determine their eligibility, calculate the amount of time the I-130 took to be approved, and then subtract that from their chronological ages. That is their CSPA-adjusted age. To remain eligible, their CSPA-adjusted age must be under 21 when the priority date becomes current and they seek to acquire the immigrant visa or apply for adjustment of status.

Or to work it from another perspective: add the I-130 pending time to 21 years to find out when they will age out. The I-130 was pending for 8 years and approx. 6 months. Add 21 and to that, and the result is that they will age out at 29 years and 6 months old. That's Sep. 2015 for the 24 year old, and Jan 2018 for the 22 year old. Unless they were born in Mexico or the Philippines, they probably will not age out because the priority date should become current before 2015 (I'd estimate 2013, based on looking at the visa bulletin).

Note that if either gets married, the married one will lose eligibility regardless of age, and would have to seek another route if they want to immigrate.
 
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