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  • Child Status Protection Act

    Does someone have knowledge of the CSPA of 2002. I wish to know if there is a posibility of a mexican national to benefit from this law. His mother a LPR filed an I-130 in 1994 and got a priority date of 2-4-1994 when he was 20. Now in 2007 still waiting for a visa number to be available cannot adjust status. But if the he is covered by the CSPA then would there be a visa number available for him by keeping his status and clasification as a child and not as an unmarried adult? I would appreciate your input.

  • #2
    Does someone have knowledge of the CSPA of 2002. I wish to know if there is a posibility of a mexican national to benefit from this law. His mother a LPR filed an I-130 in 1994 and got a priority date of 2-4-1994 when he was 20. Now in 2007 still waiting for a visa number to be available cannot adjust status. But if the he is covered by the CSPA then would there be a visa number available for him by keeping his status and clasification as a child and not as an unmarried adult? I would appreciate your input.

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    • #3
      Has I-130 been approved? If yes, when and how old was son?
      Has mother naturalized?

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      • #4
        No the mother has not naturalized. He was 19 or 20 when the I-30 was approved with a priority date of 02/04/1994.

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        • #5
          gigi06 - it is important for this case to distinguish between when the petition was filed (priority date) and when I-130 was approved.

          Was I-130 approved shortly after it was filed?

          Do you know when the priority date April 94 was current (able to adjust status) for the category LPR's child?

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          • #6
            Notice Date 05/10/1994 (where it says that the I-130 was approved)
            Receipt date 02/09/1994
            Priority date 02/07/1994

            Age 19 on all these dates. I don't have the date of when the actual I-130 went in the mail.

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            • #7
              this is one of the situations when one wishes the petition is not approved fast

              Here is the formula for calculating whether the child has aged out (daughter, son) or not (minor child)

              The "adjusted age" = age at the time the priority date is current - (minus) time the I-130 had been pending.

              It seams, in this case, only a few months can be deducted from an actual age.

              That's the simple math under CSPA which is otherwise very complex. Time for a lawyer...

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              • #8
                what can the lawyer do?

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                • #9
                  <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by gigi06:
                  what can the lawyer do? </div></BLOCKQUOTE>
                  ...could have a knowledge far greater than any of us here. CSPA is very complex and even the lawyers and USCIS sometimes have different interpretations...Maybe he/she can find something that the person in the case can benefit from.

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                  • #10
                    The lawyer said the same thing you said. The only benefit would have been if the I-130 had taken longer to approve. The petition he said in this case is practically worthless since the 2B category has been frozen for years. He practically gave us no hope. I really wonder what was the purpose of the CSPA law if it could not help people in this situation. As I read it and compared to the case if made perfect sence that it should work but apparently not. Thank you for your responses.

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