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About the New Child Status protection Act

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  • About the New Child Status protection Act

    I have a question about my immigration petition.

    Hope fully i will provided assistanceship.

    My brother has filed an petition for me under F4 catergory. Just now the petition has been current.

    two months ago when i send the INS the DS-230 form that was in my the INS received fees for all four members of my family.

    Then my son Sandip Patel got 'aged out' and when i got the visa call. and he was dropped from the visa list. The visa interview is on 19th september.Now the act of child status protection is passed and so my son remains child under this act.

    So will my son get visa under this case with me ??

    if yes then what is the process ??

  • #2
    I have a question about my immigration petition.

    Hope fully i will provided assistanceship.

    My brother has filed an petition for me under F4 catergory. Just now the petition has been current.

    two months ago when i send the INS the DS-230 form that was in my the INS received fees for all four members of my family.

    Then my son Sandip Patel got 'aged out' and when i got the visa call. and he was dropped from the visa list. The visa interview is on 19th september.Now the act of child status protection is passed and so my son remains child under this act.

    So will my son get visa under this case with me ??

    if yes then what is the process ??

    Comment


    • #3
      No, he cannot avail of this new law since it was your brother who filed for you and other kids.Unfortunately, since your son has aged-out, he has to be removed since an uncle cannot petition for his nephew or niece.
      If you have been an immigrant or USC then you can file for your son,but since it was your brother who filed for him and had aged out, the rules has change.One remedy is for you to file right away for your son's petition as soon as you get your greencard.It is really hard to accept but best of luck in your new life

      Comment


      • #4
        Actually I think your son is protected by the act. He's not "petitioned by his uncle," rather, he's accompanying your petition. Section 203(d) states:

        (d) Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

        It means that your son is accompanying your petition and is thus treated as the same status as you. The new law states that it applies to those under Section 203(a)(2)(A) AND (d), which is shown above.

        Look at this article:
        http://www.cyrusmehta.com/

        Your case is explained under:
        "Age-out Protection for Children of Permanent Residents"

        I am in the same situation as your son. I asked a lawyer and he told me that I am protected under the new law. But I would urge you to contact INS and ask them what you have to do. If you find out the answer, please let me know by emailing jessi_lin@msn.com. Thanks!

        Comment



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