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  • CSPA law

    Hello everyone,

    Does anyone know if the CSPA (child status protection act) apply to someone who is in situation below:

    If someone follow his/her parent whose visa became available bofore August 6 but parent's applications for adjustment of status is being processed?

    Note: son/daughter's age is over 21 years old.

    Any reply would be greatly appreciated.

    Wang

  • #2
    Hello everyone,

    Does anyone know if the CSPA (child status protection act) apply to someone who is in situation below:

    If someone follow his/her parent whose visa became available bofore August 6 but parent's applications for adjustment of status is being processed?

    Note: son/daughter's age is over 21 years old.

    Any reply would be greatly appreciated.

    Wang

    Comment


    • #3
      Generally cspa is not retroactive, your case falls under the exception.

      Read the section pertaining to RETENTION OF PRIORITY DATE. It says that if the age of an alien is determined to be 21 years old or older, the alien's petition shall automatically be converted to the appropriate category, possibly f2b- unmarried sons and daughter of green card holders. But, this is a must, the alien must seek to acquire lawfull permanent residency within one from visa number availability.

      Comment


      • #4
        Thanks Boni.

        But my mother has not gotten her green card yet. She will be interviewed in December of this year.

        Wang

        Comment


        • #5
          Well, Boni, I came here with my mother's petition. I don't have my own petition. My mother and I were paroled to the US. Recently, my mother filed her applications for adjustment of status (to get her green card), and her application is being processed. So, my mother is not yet a green card holder. So, I don't know which catagory I will fall under to.
          All in all, I am a parolee.

          Again, thanks Boni for your response.

          Wang

          Comment


          • #6
            I see that cspa do not apply to you. As far as Sec. 3 is concerned, cspa apply to existing and future petitions by USC and Green card holder parents.
            The best bet is for your mother to file a petition for you when she get her green card.

            Comment


            • #7
              Well, Boni. I am waiting to hear the answer from my lawyer next week and see what the result is. If I am not qualified with that law, I still have other law that I am qualified. It's just matter of waiting for the regulations to come out. Like I said above, I am paroled indefinitely which I can stay as long as I want and just don't break the law.

              Anyway reqarding to the CSPA law, none understands it yet. So, the best way is I wait for the answer from my lawyer. Also, I will consult with another lawyer next week.

              Thanks Boni.

              Wang

              Comment



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