CSPA FAQs

Age Out/CSPA for children immigrating to the US

Authored on: Wed, 02/10/2021 - 07:57

Question

I am working for an S/W company, I have an 8 years Old Daughter who was born in India, I am having EB3 /priority data in July 2016, My question is, How can I ensure my child remain in the US after 21?

Answer

Watch the Video on this FAQ:

Age Out/CSPA for children immigrating to the US

 

Video Transcript

Most of these kids are turning to F-1 and the government is giving them F-1/Student visas to go to college, even if the parents are here and even if their names appear on the green card parent screen card. FAQ in detail...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Child Status Protection Act in Employment-Based Petitions

Authored on: Tue, 07/25/2017 - 01:48

Question

I wanted to understand how Child Status Protection Act (CSPA) works in the case of employment based green card (EB-2) of the parent. My priority date is of 2012 under EB2, I-140 approved. Can CSPA be used to calculate child age when my EB2 priority date becomes current? Wondering what options I have when priority date becomes current and child age is 21+

Answer

Audio FAQ On: Child Status Protection Act in employment-based petitions

Audio Transcript

Child Status Protection Act (CSPA),  in employment-based petitions will allow you to take advantage of the time your I-140 is pending. So if your I-140 was pending for 8 months your child can file I-485 with you if the dates become current until 21 years, plus 8 months. Hence whatever time your I-140 was pending that time becomes an additional grace period for the child to file I-485 with you. The only advantage you will get is the dependency of the I-140. Other than that, there is no advantage. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Child of a permanent resident and I-130 approved

Authored on: Tue, 06/01/2010 - 14:05

Question

I am a child of a permanent resident and I got a I-130 approved 2003 but I was under the age and still single never been married when that was approved. Right now I posses an Employment Authorization that I have been re-applying for since 2000. Can I apply for a permanent resident?

Answer

I am assuming your priority date is not current. If that is so, you cannot get your green card until all preconditions, including the priority date being current, are met.

Green card under the Child Status Protection Act

Authored on: Thu, 04/22/2010 - 07:28

Question

I have a friend who got his green card recently. His sister in law was the one who applied for the green card which was filed on October 1997. His son was 14 at that time. By the time he got his green card, his son was 22, so the son didnt get the green card. Can my friend's son still get a green card under the Child Status Protection Act, or some other ruling?

Answer

Your friend can apply for an unmarried child independently. Application of CSPA requires analysis of specific facts. I suggest your friend should consult an immigration lawyer for that.

Read the section under CSPA

Authored on: Wed, 10/07/2009 - 07:35

Question

My sister's F4 application was approved 1997 and she is due to go for her interview any day. My question is - I was recently made aware that although at the time the application was made and approved her 2 kids were under 21, but now 12yrs later they are both over 21. What is the next step to take. I was told she has to petition them once she is in US and the priority date will be from 1997. Is that true? How does that work?

Answer

Child Status Protection Act http://www.immigration.com/greencard/409/child-status-protection-act-cspa
Contact the consulate for their assessment.

F-4 Visa for childrens who are over 21

Authored on: Tue, 05/12/2009 - 13:01

Question

My sister's F4 application was approved 1997 and she is due to go for her interview any day. My question is - I was recently made aware that although at the time the application was made and approved her 2 kids were under 21, but now 12yrs later they are both over 21. What is the next step to take. I was told she has to petion them onece she is in US and the priority date will be from 1997. Is that true? How does that work?

Answer

Ans. Please check the link for Child Status Protection Act (CSPA).

Contact the consulate for their assessment.