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  • aging out help

    Hi,

    My name is Sue and have only joined today.I do hope someone can advise

    Here are my case details (sons date of birth 22nd April 1981) so 21years April 2002

    My husband was approved for I 140 may 2001

    In Dec 2001 he filed I 824 for my middle son and myself (to join later) as he was at university. At the same time filed I 485 for himself and youngest son as resident in the US

    The I 824's came back denied in Oct 2002 as Texas would not split file and no final decision was made on I 485 outcome. Letter said we could send another I 824 once approval of I 485 was received. Hubby and youngest son got I 485 approval 13th april 2004

    From what I understand of the Child status protection act is : Child must seek to move to America within one year of I 140 ? Can this be proved by the receipt for the I 824 dated well before his 21st, even though later denied?

    We have just received a notice of action for the second I 824 and this type of action is taking approx 550 days


    This is so upsetting to be apart.

    We are all living in Florida, but my son has to remain in the UK until this is sorted. At least I would feel better if I knew it was a formality he would be protected by the CSPA

    Please help

    Regards Sue

  • #2
    Hi,

    My name is Sue and have only joined today.I do hope someone can advise

    Here are my case details (sons date of birth 22nd April 1981) so 21years April 2002

    My husband was approved for I 140 may 2001

    In Dec 2001 he filed I 824 for my middle son and myself (to join later) as he was at university. At the same time filed I 485 for himself and youngest son as resident in the US

    The I 824's came back denied in Oct 2002 as Texas would not split file and no final decision was made on I 485 outcome. Letter said we could send another I 824 once approval of I 485 was received. Hubby and youngest son got I 485 approval 13th april 2004

    From what I understand of the Child status protection act is : Child must seek to move to America within one year of I 140 ? Can this be proved by the receipt for the I 824 dated well before his 21st, even though later denied?

    We have just received a notice of action for the second I 824 and this type of action is taking approx 550 days


    This is so upsetting to be apart.

    We are all living in Florida, but my son has to remain in the UK until this is sorted. At least I would feel better if I knew it was a formality he would be protected by the CSPA

    Please help

    Regards Sue

    Comment


    • #3
      Your son is not protected by CSPA. The second application was not filed within 1 year of visa number becoming current

      Comment


      • #4
        hi,

        The first I 824 was sent within the required one year period.

        It took 10 months for this to be looked at then denied so it would not be possible to send a second I 824 within a year especially as the first I 824 was pending.

        Sorry I do not understand your comment that I should send a second I 824 before we got a decision on the first one

        Regards Sue

        Comment

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