Announcement

Collapse
No announcement yet.

Patriot Act / Child Status Protection Act

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Patriot Act / Child Status Protection Act

    Can any-one answer?

    Does the Child Status Protection Act overide section 424 of the Patriot Act

    I have not seen anything in the Child Status Protection Act to say either way or if you need to read in conjuction with the Patriot Act?

    Regards Sue

  • #2
    Can any-one answer?

    Does the Child Status Protection Act overide section 424 of the Patriot Act

    I have not seen anything in the Child Status Protection Act to say either way or if you need to read in conjuction with the Patriot Act?

    Regards Sue

    Comment


    • #3
      what is your specific question so I can make sure to give you the right answer

      Comment


      • #4
        Parents arrived in US as Immigrant while the children were student in US. Parent file AOS for the child while he was still under 21 years.
        in October 2000. Child become out of status and his case is still pending. What should he do now?

        Comment


        • #5
          1. What category did the parents get a green card under.

          2. What is the priority date of their I-130/I-140 and when was it filed.

          3. Did the child fall out of status before or after filing for the I-485?

          Comment


          • #6
            4. When exactly did the child turn 21?

            Comment


            • #7
              Hi Bronze Lady,

              Due to 911 Section 424 of the patriot act allows for children to remain children for 45 days past their 21st birthday due to processing delays. The object was to prevent children losing benefits as there was a backlog of approx 3.7 million cases

              The Child status protection
              act was brought into law on 6th Aug 2002. This can apply for children to follow to join and be retrospective so long as;

              Case was in process but no final adjustment made and child (under 21 and unmarried) sought to immigrate within one year of husbands I 140 approval


              The CSPA was brought in to protect children aging out and appears to cover him. The London US consulate says he has aged out due to section 424 of the Patriot act.

              So the question is

              Does the CSPA overide section 424 of the Patriot Act?

              If not there will be a small number of children who become 21 after 911 who will have aged out

              My son became 21 in April 2002

              I 824 was sent (before sons 21st ) and within one year of husbands I 140

              Husbands I 485 was approved April 2004

              This is a mess, Mom,Dad, eldest and youngest brother live in the US.

              Only remaining som is stuck in the UK as L2 expired on his 21st amd is so upsetting

              I have tried to get answers to my question and nobody seems to know the answer so I think my only avenue is to get my congressman involed

              Unless anyone here can help!

              Regards Sue

              Comment


              • #8
                One doesn't cancel out the other. Unfortunately, you never had an I-485 for your son only an I-824 which is not covered by the Patriot Act or CSPA. Had the child been in the country and filed an I-485 in 2000 they would have gotten the extra 45 days and/or the Patriot Act.

                Comment


                • #9
                  Hi Bronze Lady,

                  Thanks for your reply.

                  Texas said to send I 824 which shows intend and apply to follow to join so and I 485 does not apply

                  They also advised that this was the form to complete to follow to join on an approved petetion?

                  Do you feel they have not advised us correctly?

                  I wrote to Texas (no reply to any letters) at least two or three times before son was 21years to advise of his fothcoming 21st? This was approx 5-6months before he was 21years. I also asked if the could rush his case through and ask if we need to sumbit any other forms

                  Do you know how we would stand if we can prove errors made by Texas? Appeal?

                  I would be grateful for your comments or a private chat

                  Regards Sue

                  Comment


                  • #10
                    Hi

                    Here is update

                    Son is protected under CSPA

                    Principal (father) adjusted in the US and son was follow to join

                    Father correctly filed I 824 for son to follow to join so no I 485 should be filed for son

                    The I 824 was filed within one year of visa (I140) approval and before sons 21st. This was pending at 6th Aug 2002

                    Son offically aged out 45 days after 21st birthday in June 2002, but as both the patriot act and CSPA applies then the better benefit is given to child

                    Comment

                    Sorry, you are not authorized to view this page

                    Home Page

                    Immigration Daily

                    Archives

                    Processing times

                    Immigration forms

                    Discussion board

                    Resources

                    Blogs

                    Twitter feed

                    Immigrant Nation

                    Attorney2Attorney

                    CLE Workshops

                    Immigration books

                    Advertise on ILW

                    EB-5

                    移民日报

                    About ILW.COM

                    Connect to us

                    Questions/Comments

                    SUBSCRIBE

                    Immigration Daily



                    Working...
                    X