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Results 1 to 3 of 3

Thread: Age Out Protection help!!

  1. #1
    Guest
    I'm trying to find a way for my nephew to immigrate into the country along with his family.

    In September 1990, as a US citizen I filed the Relative Petition Card form I-130A for my brother and his family. I received a receipt on October 17, 1990.The petition was then approved on December 19, 1990. Then about August 2002 the INS sent part 1 of the DS-230 for my borther, his wife, and his daughter. However, son (born April 20, 1981) was not asked to fill out the form. My brother, his wife, and daughter sent the DS-230 on October 20, 2002. I have asked several different lawyers if there is a way for my nephew to be considered under 21 so he does not age-out. However, the responses that I have received are conflicting.

    I know on August 6, 2002 President Bush signed the Child Status Protection Act, but I don't know if it applies in this case.

  2. #2
    Guest
    I'm trying to find a way for my nephew to immigrate into the country along with his family.

    In September 1990, as a US citizen I filed the Relative Petition Card form I-130A for my brother and his family. I received a receipt on October 17, 1990.The petition was then approved on December 19, 1990. Then about August 2002 the INS sent part 1 of the DS-230 for my borther, his wife, and his daughter. However, son (born April 20, 1981) was not asked to fill out the form. My brother, his wife, and daughter sent the DS-230 on October 20, 2002. I have asked several different lawyers if there is a way for my nephew to be considered under 21 so he does not age-out. However, the responses that I have received are conflicting.

    I know on August 6, 2002 President Bush signed the Child Status Protection Act, but I don't know if it applies in this case.

  3. #3
    Guest
    Your nephew IS over 21 inspite of the 'REDUCE BY" FORMULA as I see it.

    I assumed that the visa became available on 8-o1-02, so that on this day he was 21 years old 3 months and 11 days minus 1 month and 14 days (the number of days of the pending petition) equals 21 years, 1 month and 27 days.

    Your nephew will fall under subsection (3) "RETENTION OF PRIORITY DATE" provision of the Child Status Protection Act. He is not bared by Section (8) because of the fact the visa application of the parents are still on process.

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