Hiya

Does anyone know what papers need to be filed or what the correct route is for applying under the Child Status Protection Act? The rest of my family all have their green cards but as I was over the age of 21, I was denied. My family have petitioned for me under the immediate relative category but as yet no word on that.

Thanks
Zinkina

Did you apply and got to the interview with the rest of your family? Have you tried to have a lawyer to represent your case?

Tim

No, I did not go to the interview with the rest of my family. I was told that due to my age, I had to leave the US as I was then an illegal. I can not afford an attorney, which is why I am asking how to apply under this Act.

How long have you been living in the US? And how did the INS tell you-by word of mouth or by writing? And did you actually send in your applications or you went to the INS office in person?

Guest

I lived in the US with my family for 7 years, until their green card applications came through and I recieved a letter from our lawyer on behalf of the INS that since I had reached the age of 21 after my family's application came through I was to leave the US. The applications were sent into the INS via our lawyer. I am not currently living in the USA.

How did your family and you come to the US? Did you all have visa when come to the US?

Guest

My father had employment (H1) visa. And the rest of us came as his dependents, all with visas. He adjusted his status to that of permanent resident, as the company was sponsering him. They were all approved exactly 3 days after my 21st birthday.

Zinkima, I understand your parents has a petition for you when your are already over 21, it means you fall under category 2B, for unmarried sons and duaghters over 21, assuming you are still single. the priority date now for that category is August 1997.As far as cspa law is concern, you did not give all the facts,like when did your father recieve his green card, when was your petition date, how old were you when he filed the petition,all these are important to determine if you fall under the law. The law I understand is applicable only to those petitions pending prior to 8-6-02, when the law becomes effective.I thing you have to consult another lawyer.

I sorry zinkina, I stand corrected when I say the law is only applicable to petitions filed before its effectivity. It applies even after its effectivity, but as I said please give more facts about your problem, there might be some solution to it.

My family recieved their green cards in 2001, the petition for myself was filed on 7 February 2002 at this time I was 26. However when their original adjustment of status for permanent residence was approved, I had just turned 21. Prior to this, for our original H1 visas, I was 16. I understand that I fall udner the 2B preference category. I am not able to afford an attorney as I no longer live in the USA but in a third world country, which is why I am asking if anyone knows the route to take to apply under the CSPA.