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Child protection act for child aged out when their file for F4 visa processed with their parents

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  • Child protection act for child aged out when their file for F4 visa processed with their parents

    My uncle filed for my parents, me and my brother in year 1985. we were under the age of 21. when our file was processed we both were above 21 years of age and could not join our parents to usa. our parents are in usa now for about 2 years. can we be in usa and get the green card under this child protection act????????????

  • #2
    My uncle filed for my parents, me and my brother in year 1985. we were under the age of 21. when our file was processed we both were above 21 years of age and could not join our parents to usa. our parents are in usa now for about 2 years. can we be in usa and get the green card under this child protection act????????????

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    • #3
      Unfortunately it seems like you don't qualify because of the interpretation of the law and many other victims of the aged - out rule. The law states that inorder to be eligible you have to apply within a year that an Immigrant Visa becomes available for the main applicant (your parent) so unless your parent got his/her green card less than a year ago, I'm afraid to say that you do not qualify just because you turned 21.

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      • #4
        America4all is uninformed.
        You will have to wait for promulgation of the Child Status Protection Act regulations.
        The one year filing deadline will most assuredly begin running from the date of promulation of the regulations.
        The other poster incorrectly believes that the one year filing deadline has in your case already expired even though the new legislation has just recently been passed.

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        • #5
          Hi thanks America4All and trajan for the reply. now what if the overall stay of my parents in USA is only 6 months in those past two years. I mean that they went back to India after three months of their first landing in USA for about 1.5 years and now they are in USA for 3 months. In this case their overall stay after getting greencard is only 6 months which is less than one year.

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