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Thread: Child Status Protection Act

  1. #1
    Guest
    Is this a good news for everyone who turns 21 years of age?

    Please read this quote:

    "Statement by the Press Secretary

    On Tuesday, August 6, 2002, the President signed into law:

    H.R. 1209, the "Child Status Protection Act", allows aliens who have filed applications or petitions as children under the Immigration and Nationality Act to remain eligible as children after turning 21 years of age under a number of circumstances".

    Paul

  2. #2
    Guest
    Is this a good news for everyone who turns 21 years of age?

    Please read this quote:

    "Statement by the Press Secretary

    On Tuesday, August 6, 2002, the President signed into law:

    H.R. 1209, the "Child Status Protection Act", allows aliens who have filed applications or petitions as children under the Immigration and Nationality Act to remain eligible as children after turning 21 years of age under a number of circumstances".

    Paul

  3. #3
    Guest
    This is good news. Does anyone know if regulations are already in place for the signed law?
    My son aged out and I have many questions as how to proceed.

    I appreciate your input.

  4. #4
    Guest
    Let's wait for few more days,if not weeks,on INS guidelines on this matter.But here is what i found in one immigration lawyer's(www.shusterman.com) site:Hope this would help

    "Q1. What is the Child Status Protection Act?

    A. On August 6, 2002, President Bush signed the Child Status Protection Act into law. It will help prevent negative immigration consequences from occurring when a child turns 21 years of age before the INS or the State Department processes his application for permanent residence.

    Q2. When will the new legislation become effective?

    A. It became effective as soon as it was signed into law.

    Q3. Will the law apply to applications for permanent residence based on family-based petitions, employment-based categories and the visa lottery?

    A. It applies to applications in all three categories.

    Q4. What is the object of the law?

    A. An unmarried child under 21 years of age who is eligible for permanent residence is entitled to certain benefits. For example, if his parent(s) are U.S. citizens, the child is considered an "immediate relative" and may obtain a green card without any numerical limitations. However, once he becomes 21 years of age, he no longer qualifies as an immediate relative, and must wait years to become a green card holder. Similarly, a child who is immigrating along with his parents is no longer entitled to do so once he turns 21 years of age. When a child turns 21, and loses immigration benefits, this is commonly known as "aging-out". The law seeks to prevent the unnecessary separation of parents and children due to aging-out.

    Q5. How does the law stop a child from aging-out?

    A. A few examples may be helpful:


    A father naturalizes as a U.S. citizen and petitions for his 20-year-old son. Formerly, the son had to obtain permanent residence prior to his 21st birthday. If he aged-out, his petition would automatically convert to the family-based first preference category (unmarried adult sons and daughters of U.S. citizens) where the waiting time exceeds six years. Under the new law, the child's age is fixed at 20 on the day that the form I-130 visa petition is submitted on his behalf. Though he will be over 21 years of age when he obtains permanent residence, he is treated as a 20-year-old for immigration purposes.

    A mother who is a lawful permanent resident of the United States petitions for her 18-year-old daughter under the family-based 2A category (spouses and children of permanent residents). The next year, the mother applies for naturalization. By the time she naturalizes, her daughter is one week away from turning 21. There is no time for the daughter to complete the necessary application for permanent residence or for the INS to perform the necessary fingerprint and background checks and conduct an interview. Under the old law, the daughter would be placed under the family-based first preference category. However, under the new law, her age will be frozen as of the date that her mother naturalized. Since she was 20 at that time, she qualifies as an "immediate relative" and can adjust her status to permanent resident after her 21st birthday.

    A 19-year-old married son is petitioned by his U.S. citizen mother under the family-based 3rd preference category (married sons and daughters of U.S. citizens). A year later, the son and his wife obtain a divorce. The petition on his behalf automatically is converted to the immediate relative category. However, he does not apply for immigrant visa until three years later. Is it too late to apply as an immediate relative? Not under the new law. His aged is fixed as of the date of the termination of the marriage.
    Q6. Suppose that instead of applying under the family-based categories, the petition is submitted under one of the employment-based categories?

    A. Here the calculation becomes a bit more complex. Again, let's use an example to illustrate how the new law operates.

    The family consists of a husband, wife and their two daughters, aged 18 and 15. The father is a programmer/analyst. His employer submits an application for an alien labor certification on his behalf. When the application is approved, the employer submits a EB-3 visa petition on behalf of the father. The petition is approved six months later, three months after the eldest child turns 21 years of age. Under the old law, the 21-year-old has aged out. However, under the new law, his age is fixed as of the date that a visa number becomes available "reduced by" the number of days that the EB-3 visa petition was pending. Since the petition was pending for six months, these six months must be subtracted from the child's age when a visa number became available (21 years and 3 months). Therefore, the daughter's age is frozen at 20 years and 9 months. This means that she is still considered a "child" for purposes of accompanying her parents in adjusting status to permanent residence. The Child Status Protection Act provides that she must apply for permanent residence within one year of a visa number becoming available in order to take advantage of this provision of the law.

    If the calculation had resulted in the daughter's age being fixed at 21 or older, the new law provides that she would be automatically reclassfied to an appropriate category, presumably family-based 2B, and that she retain her father's original priority date. This would be the date that his employer submitted the labor certification application.

    Q7. I was born in the Philippines in 1970. My father submitted a family-based 2B visa petition (unmarried adult son or daughter of a permanent resident) for me many years ago. Just before I was ready to immigrate to the U.S., my father became naturalized as a citizen of the United States. I was recently interviewed at the U.S. Embassy in Manila. When I told them that my father had naturalized, they informed me that I would have to wait many more years to become a permanent resident. They said that his naturalization converted my petition from the 2B category to the 1st preference category. For Filipinos, the 1st preference category is more backlogged than the 2B category. What can I do?

    A. Don't blame your father. Hundreds, perhaps thousands, of Filipinos with petitions pending for their sons and daughters have naturalized, incorrectly assuming that this would shorten their waiting times to become permanent residents. In fact, this actually makes the waiting time much, much longer.

    Now, under the new law, you can submit a written statement to the INS stating that you do not wish to have your petition converted from the 2B category to the 1st preference category. If the conversion has already taken place, you can request that it be revoked.

    Q8. Is there any provision of the new law which affects asylees and refugees?

    A. Yes. The new law provides that a child who turns 21 years of age while his parent's request for asylum or application for refugee status is pending may accompany or follow to join the parent once he is granted asylee/refugee status. The new law also allows such a child to adjust status as an asylee/refugee.

    Q9. When will the INS issue regulations to implement the new law?

    A. Who knows? We are still waiting for regulations to be issued to implement certain provisions of the immigration laws enacted in 1996. Since certain provisions of the Child Status Protection Act are time-sensitive, you must act in a timely fashion in order to preserve your rights.

    Q10. Is the new law retroactive?

    A. In some cases, yes.

    It applies to any alien who is the derivative beneficiary or any other beneficiary of a family-based (FB) or employment-based (EB) petition even if the petition was approved prior to the effective date of the law "but only if a final determination has not been made on the beneficiary's application for an immigrant visa or adjustment of status to lawful permanent residence pursuant to such approved petition".

    It also applies to FB and EB petitions and DV lottery applications pending on the date of the law's enactment.

    In simple English, even if a child appeared to have "aged-out" prior to August 6, 2002, but under the new law his "immigration age" is under 21, he may still be able to apply for adjustment of status or an immigrant visa for a limited period of time using his original priority date and preference category."

  5. #5
    Guest
    Does anyone know whether this law will also apply to children of permanent residents who were formerly in the 2A category but later moved to 2B category when they turned 21. I know this law helps children of USC from aging out of the Immediate Relative category but does it help children of Permanent residents from aging out of the 2A category ????

  6. #6
    Guest
    For Cynthia:
    I found this interesting article for your Q @:
    www.cyrusmehta.com.
    It is a little bit longer where it answers your Q.

  7. #7
    Guest
    Thank you Bugsy for providing me with that website, it was really informative. According to what I read, the age of the child of a permanent resident will be based on the age of that child the time the parent filed for/her (when the I.N.S is about to issue an Immigrant Visa). I wonder if this law will now make v visa aged outs also eligible for v visa status?

  8. #8
    I born in Mexico. I got married in Canada to a US citizen on 1996. My exhusban apply for me and my son on Canada.((My daughter got exculded of the petition because she was 19 years old, and the officer on the United States embasy told us to take her out of the petition because she was over 18 years old; The officer said that as soon as we arrive to the United states I could petition her under the Family unit law; of course he lied, since that law does not apply to my case) I applied for my daughter on January 1998, she was 20 years old. I became a citizen on 2001.
    My daughter piriority date for a child of permanent resident is January 1998, this date became available on March of this year; but I been at the immigration office, I called to the Visa center and I have seen 4 attorneys, everybody said that the child status protection act does not apply to her. Can anyone advise me different??? I been waiting 7 years and 7 months. PLEASE HELP

  9. #9
    hi evryone... i'm hoping you could help me..my step dad petitioned using a form I-130... and it was approved ..I'm worried coz i turned 21 before our petition was approved but it was filed when i was 20...... will the CSPA protect me from aging out even before my visa is being processed!???? is my visa nuber available soon as our petition is approved??? hope you could help me with this...thank you so much..........

  10. #10

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