Child Status Protection Act

I am U.S. Citizen. I had applied for my unmarried son, who is in India, and his priority date is Feb. 08, 2001. On Feb. 11, 2001 he became 21 years old. He is classified as F1. Can anybody guide me, how he can get benefit of CSPA and regarded as Immediate Relative of U.S. Citizen.

It might take a while to have your son's paper to move as I presume you are naturalized.It will undergo the same process now as those of any processing assuming India is not oversubscribed.
CSPA gives your son's protection since he is now 21 but it won't help expedite your petition for your son's paper.

When was the date of your naturalization? As I see it, you filed a petition for your child when the child was under 21. If you were a GC holder at the time and then you became naturalized while the petition is in process, your petition will qualify under Section (2) AGE ON PARENT'S NATURALIZATION DATE, that is, if your were naturalized when the child was still under 21, that age of the child will be the basis for him to qualify for F1. This is for unmarried sons and daughters only.

The law even went further by granting the child a chose to elect as whether or not to remain a 2a or a f1. The reason for this is that in some countries like the Philippines F1 category is more backlooged that the 2a. Its now your chose.

I can help you more if you give the full facts of the case.

I was naturalized in 1998 and when I applied for my son, I was Citizen of the United States and my son was just couple of weeks away from his 21st birthday. Please guide me if you can as to where I have to apply since his file is already in Embassy of the U.S. in New Delhi and they have issued him a case number under F1.
Umesh Passi

I was naturalized in 1998 and when I applied for my son, I was Citizen of the United States and my son was just couple of weeks away from his 21st birthday. Please guide me if you can as to where I have to apply since his file is already in Embassy of the U.S. in New Delhi and they have issued him a case number under F1. My son is still unmarried.
Umesh Passi

`(f) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE
IMMEDIATE RELATIVES-

`(1) AGE ON PETITION FILING DATE- Except as provided in
paragraphs (2) and (3), for purposes of subsection
(b)(2)(A)(i), a determination of whether an alien
satisfies the age requirement in the matter preceding
subparagraph (A) of section 101(b)(1) shall be made using
the age of the alien on the date on which the petition is
filed with the Attorney General under section 204 to
classify the alien as an immediate relative under
subsection (b)(2)(A)(i).



The above is the relevant section of the CSPA law. Since your priority date is before is 21st birthday , I am assuming that your filing date is your priority date or your filing date is even prior to your priority date.

You should contact the US Embassy immediately and ask the case to be transferred to the Immediate Relative Category immediately under the CSPA. The law is clear an unambiguous in the case of a child of a USC.

Your son should be given the visa immediately. Please let us know how your case turns out . It may help others in your situation.

I am posting the link of the law and the vis apolicy telegram by the DOS to all embassies.

http://travel.state.gov/state163054.html

Good Luck

Thank you Mr. President for your guidance and for giving me a site from where I could download the instructions issued by the Secretary of State to the Consulates through out the world.
From the INS sight, I have downloaded a Memorandum dated September 20, 2002, issued by Deputy Executive Associate Commissioner of Immigration Services setting guidelines for the INS offices regarding CSPA.
Umesh Passi

Umesh:

Please let us know the final outcome of the case with all the info. Please let us jnow the action you took, with whom ( NVC, Consulate ) and how long did it take to respond and how fast the visa was issued.

Good Luck