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CHILD PROTECTION ACT

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  • CHILD PROTECTION ACT

    I petitioned my sister 1980,she got her visa 10 days ago but not her two sons as they already aged out. one was 2 yrs old in 1980, other was 4 yrs sold in 1980. under H.R. 1209 Child Prot.Act, will they qualify? law says,age is determined on date visa becomes available to parent.if sons becomes 22 yers old on that date so they are not included. they should be under 21 on said daTE.

  • #2
    I petitioned my sister 1980,she got her visa 10 days ago but not her two sons as they already aged out. one was 2 yrs old in 1980, other was 4 yrs sold in 1980. under H.R. 1209 Child Prot.Act, will they qualify? law says,age is determined on date visa becomes available to parent.if sons becomes 22 yers old on that date so they are not included. they should be under 21 on said daTE.

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    • #3
      There are a lot of people in this situation including myself. We all should write to congress and let them know this matter.

      Guest

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      • #4
        I have already started petitioning congress about the many aged out children including the v-2 visa aged outs that the new law failed to protect and I hope everyone too is contacting their representative, together we can help ammend this. Its just not fair for children to be punished this way.

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        • #5
          Recently a new law has been passed , do they make the people ,like those mentioned in above case, eligible for immigration.

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          • #6
            I really don't understand why this law had been passed in the first place. There is law that make family united, but this law separate family member from another.

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            • #7
              Dear helper,

              My grandfather (a US citizen) has filed a petition for my mother in F3 (married sons and daughters) category in November 1999. At that time my age was 16 years. The visa call is expected none earlier than 3 years. So, according to rule I won't be able to go with my mother as my age will exceed 21 years.

              I heard of "Child Status Protection Act" and checked it on some website (it was like thomas.loc.gov) and other sites but I could get no important information.

              I want to know whether I will be able to go with them (according to this child act) irrespective of my age exceeding 21 years OR they will deny my visa.

              Please tell me if u need any further information for giving solutions.

              Thank you,

              Kunal D Mistry

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              • #8
                I really don't understand why this law was passed in the first place. I mean the "Aging out" law. It separates family member from each other. Yes, this law separates son/daughter who is over the age of 21 only from parents, but son/daughter still needs to stay close to their parents, don't they? How many american son/daughters' don't stay or live close to their parents? Every Thankgivings most american son/daughter get together with their parent and enjoy the holiday. What about us, we live across the continent from seeing ours parents?

                We all should write to Congress to let them know about this matter.

                By the way, I am in the same situation as you.

                Guest

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                • #9
                  what if my parents got visa after august 6 2002 do i still qualify under this law. they had stamping after august 6 2002and i am 22 now. so anyone please let me know if i can get the visa.
                  Thanks
                  Hey

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                  • #10
                    yes you are right boni as the CSPA new law provides the age of the derivative child is determined based on the date that the visa number
                    becomes available to the parent but it is QUALIFIED..the statement has been qualified per what the law provides:


                    meaning the age of the child is determined on the date visa number becomes available to the parent LESS OR REDUCED BY THE NUMBER OF DAYS/MONTHS/YEARS
                    THAT INS INCURRED DELAY..the only argument that INS will have to determine is whether from which passage of time will they consider delay:

                    either from the time 130 file has been filed or the time that INS acknowledges receipt.

                    READ THE ANALYSIS OF THE CSPA i posted in this forum and you will understand and be enlightened by it. It's very precise, the conditions and requisites of law are there.

                    god bless

                    antman23

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                    • #11
                      boni
                      can you tell me if i can qualify for this act when my mother took her visa after august 6. she did not apply for her permanent resident thing till now. so can this work for me
                      thanks
                      Hey

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