I've been reading about the Child status protection act and am looking to to see if my case could benefit from it.
My uncle ( A U.S. Citizen) submitted an I-130 on the behalf of my mother and her children back in 2001. The application was approved later in 2001. I was 14 at the time. However, I was over 21 at the time the visas became available.
Here's a brief paragraph from what i've been reading.
"Age-Out Protection for the Children of Legal Permanent Residents
The CSPA provides age-out protection to the children of lawful permanent residents, including children who are accompanying or following to join family-sponsored, employment-based, and diversity immigrants:
Any help would be appreciated thanks.
My uncle ( A U.S. Citizen) submitted an I-130 on the behalf of my mother and her children back in 2001. The application was approved later in 2001. I was 14 at the time. However, I was over 21 at the time the visas became available.
Here's a brief paragraph from what i've been reading.
"Age-Out Protection for the Children of Legal Permanent Residents
The CSPA provides age-out protection to the children of lawful permanent residents, including children who are accompanying or following to join family-sponsored, employment-based, and diversity immigrants:
- In the case of a LPR petitioning immigration status for his or her alien child, the age of the child is calculated based on the date on which an immigrant visa number becomes available and then reduced by the number of days the petition was pending. But this is true only if the alien seeks to acquire permanent resident status within one year of such availability. For example, if an alien who is 21 years and eight months old on the date the visa number became available, but his immigrant visa petition was pending for ten months, he can have his age reduced by ten months and becomes 20 years and 10 months old; therefore he is still considered a child in the immigration petition.
- CSPA also provides that if the alien is determined to be 21 years of age or older at the time the visa number becomes available, notwithstanding the age -out protection extended under this section, his or her petition will automatically be converted to the appropriate category (typically the 2B son or daughter of permanent resident category), and the alien will retain the priority date associated with the original petition."
Any help would be appreciated thanks.