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  • child status protection act

    My maternal aunty had filed the petition for my mother in 1989 and now my mother and father have recieved call from NVC under Family Preference Fourth Category. They have not yet sent DS-230 forms. Sir i and my brother have aged out. I am 25 and my brother is 22 years of age. But now since " The Child Status Protection Act " has been signed. So does it make me and my brother eligible to emigrate to USA with our parents ?

    amit

  • #2
    My maternal aunty had filed the petition for my mother in 1989 and now my mother and father have recieved call from NVC under Family Preference Fourth Category. They have not yet sent DS-230 forms. Sir i and my brother have aged out. I am 25 and my brother is 22 years of age. But now since " The Child Status Protection Act " has been signed. So does it make me and my brother eligible to emigrate to USA with our parents ?

    amit

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    • #3
      I have that same question. but the law speaks only of parents' petition for their children,not nieces and nephews of petioner.Here is my situation: I petition my sister in 1980, she has two minor sons then but were age out now.Under Section 203, subsection (a) (2) (A) INA as amended and signed by President Bush on August 6, 2002,in which provision of the law our situation falls, states only of parents with respect to their childrens'petition. Nothing in the law speaks of children of the beneficiary (the beneficiary is either is the sister or brother of the petitioner) (will Bugzy, my kabayan help)

      Comment


      • #4
        follow up to AMIT question- there are many opinions on several quarters on this,the best thing to do is to wait for the INS regulation on this regard. we will never know what they will say but let us hope that the regulations they will promulgate will solve our proplems.I understand that regulations are retoactive.

        Comment


        • #5
          My case is also the same.

          My brother has petitioned a file under F4 category in 1989. When i got DS-230 form my son was not 'aged out'. But when i got the interview call my son is aged out and he is no more in the visa call list.

          I have mailed an application to INS about the new act but still no reply.

          I have consulted immigration lawer also but he is aslo confused about the enterpretation.

          hopefully my son will get visa, If the act's base is to avoid seperation of the child from his family.

          I will post u if will have any information.

          Comment


          • #6
            hi everybody....please give your email addresses so that we could mail directly to each other if we have some information to share. Well i am appending some information at the end of this message. Read it and tell me what u make out from it...... esp. read the last paragraph carefully ..... ok bye.

            Amit

            President signs Child Status Protection Act

            On August 6, President Bush signed the Child Status Protection Act. This new law addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of Immigration and Naturalization Service (INS) processing delays. Prior to the passage of this law, a child's eligibility to receive a visa or be part of his or her parent's application was based on the child's age at the time that the alien relative petition was approved -- not the date on which the petition was filed.
            Because of enormous backlogs and processing delays, many children turned 21 before the INS adjudicated the petition. In such cases, the child "ages-out" and is ineligible to receive an immediate relative visa or is no longer considered to be part of the parent's application. The child's petition is either automatically moved to a lower preference category or the child is required to submit his or her own petition, resulting in years of delays and possible ineligibility.
            The Child Status Protection Act (H.R. 1209), sponsored by Representatives George Gekas (R-PA) and Sheila Jackson Lee (D-TX), and subsequently
            broadened and improved by Senate legislation (S. 672) sponsored by Senator Dianne Feinstein (D-CA), provides that the determination of whether an
            unmarried alien son or daughter of a U.S. citizen is considered an "immediate relative child" (younger than 21) will be based on the age of the alien at the time the Petition for Alien Relative (Form I-130) is filed on his or her behalf, rather than on the date the petition is adjudicated, as is the case under current law. The new law makes similar determinations in the case of permanent resident parents who subsequently naturalize after having filed petitions for their sons or daughters and citizen parents who file petitions for married sons or daughters where such sons or daughters later divorce. In the former situation, the age determination will be made at the time of the parents' naturalization. In the latter, the alien beneficiary's age will be determined as of the date of
            his or her divorce.
            For the children of legal permanent residents, or those who are accompanying or following to join on a petition for an immigrant visa, their eligibility
            will be determined based on the date that a visa becomes available to them, but only if they seek to acquire permanent resident status within one year
            of such availability. In addition, the new law provides age-out protection to alien children who accompany or follow to join parents who have filed for
            asylum or refugee status. Finally, the new law provides that the family-sponsored petition of an unmarried alien son or daughter whose permanent resident parent subsequently becomes a naturalized U.S. citizen will be converted to a petition for an unmarried son or daughter of a U.S. citizen, unless the son or daughter elects otherwise.

            Comment


            • #7
              hi everybody....please give your email addresses so that we could mail directly to each other if we have some information to share. Well i am appending some information at the end of this message. Read it and tell me what u make out from it...... esp. read the last paragraph carefully ..... ok bye.

              Amit

              President signs Child Status Protection Act

              On August 6, President Bush signed the Child Status Protection Act. This new law addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of Immigration and Naturalization Service (INS) processing delays. Prior to the passage of this law, a child's eligibility to receive a visa or be part of his or her parent's application was based on the child's age at the time that the alien relative petition was approved -- not the date on which the petition was filed.
              Because of enormous backlogs and processing delays, many children turned 21 before the INS adjudicated the petition. In such cases, the child "ages-out" and is ineligible to receive an immediate relative visa or is no longer considered to be part of the parent's application. The child's petition is either automatically moved to a lower preference category or the child is required to submit his or her own petition, resulting in years of delays and possible ineligibility.
              The Child Status Protection Act (H.R. 1209), sponsored by Representatives George Gekas (R-PA) and Sheila Jackson Lee (D-TX), and subsequently
              broadened and improved by Senate legislation (S. 672) sponsored by Senator Dianne Feinstein (D-CA), provides that the determination of whether an
              unmarried alien son or daughter of a U.S. citizen is considered an "immediate relative child" (younger than 21) will be based on the age of the alien at the time the Petition for Alien Relative (Form I-130) is filed on his or her behalf, rather than on the date the petition is adjudicated, as is the case under current law. The new law makes similar determinations in the case of permanent resident parents who subsequently naturalize after having filed petitions for their sons or daughters and citizen parents who file petitions for married sons or daughters where such sons or daughters later divorce. In the former situation, the age determination will be made at the time of the parents' naturalization. In the latter, the alien beneficiary's age will be determined as of the date of
              his or her divorce.
              For the children of legal permanent residents, or those who are accompanying or following to join on a petition for an immigrant visa, their eligibility
              will be determined based on the date that a visa becomes available to them, but only if they seek to acquire permanent resident status within one year
              of such availability. In addition, the new law provides age-out protection to alien children who accompany or follow to join parents who have filed for
              asylum or refugee status. Finally, the new law provides that the family-sponsored petition of an unmarried alien son or daughter whose permanent resident parent subsequently becomes a naturalized U.S. citizen will be converted to a petition for an unmarried son or daughter of a U.S. citizen, unless the son or daughter elects otherwise.

              Comment


              • #8
                oh sorry i forgot to give u all my email id....it's asaluja17@rediffmail.com
                ok bye & thanx

                amit

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