Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Question: My mother filed a petition for me some years back. I will be 21 years old in September of this year. My understanding is that I am now an immediate relative which allows me to come into the U.S. right away when the Visa Number becomes current. However, once I am over 21 years old, I understand that I will move to a different preference and could actually wait over 10 years to be reunited with my mother. Is this true and is there anything I can do?

Answer: First, you are correct in your current assessment of the situation. However, the President of the United States has just signed a bill which will be most beneficial to those who will ‘age-out’. This is a term for a person whom is about to turn 21 years old and not be eligible for ‘immediate relative status’. The new bill is referred to as the Child Status Protection Act.

Question: What exactly is an Immediate Relative and how does this bill help me?

Answer: An Immediate Relative are those relationships that the U.S. Government deems so important that it does not place any numerical limitation on those who qualify and the only waiting someone has to do for this category is processing time. Other than immediate relatives, there are several other types of petitions that people must wait years for the visa number to become current. Examples of immediate relative petitions are spouses of U.S. Citizens, children whom are unmarried and under 21 years old of U.S. Citizens and parents of U.S. Citizens over the age of 21 years old. Normally, the beneficiary must obtain their Green Card BEFORE they turn 21 years old if it is a child.

Now, based upon the Child Protection Status Act, if the petition was filed for a child, the age of the child is determined when the petition is FILED, not when it is approved.

If the petition was filed based upon a Lawful Permanent Resident parent petitioning a child, they must usually wait many years. Once the parent naturalizes and becomes a U.S. Citizen, then an immediate relative petition can be filed. In this new law, the age of the child at the time the parent naturalizes is what determines immediate relative status, not the time at which the petition is approved. Therefore, for you, your mother must see if she qualifies to become a U.S. Citizen, and apply for Naturalization right away. She should try to get it expedited.

If a married son or daughter of a U.S. Citizen gets divorced and the petition is converted to single child under 21 of a U.S. Citizen, the date the married son or daughter gets divorced is the date to determine if he or she is an immediate relative, not the date the converted petition would get approved.

Question: I have a child who is 3 years old. Assuming I qualify for this new law, what about my daughter?

Answer: Fortunately, the new law also takes care of this type of situation. If a spouse or child is not considered to be an immediate relative themselves, they can apply under this new law to join the spouse or parent as in your case.

As you can see, the U.S. Government has taken significant steps toward helping to unify the Family Unity. This is an excellent piece of legislation and hopefully will be used to its fullest extent.

https://cbocalbos.wordpress.com/tag/child-citizenshjip-protection-act/

https://cbocalbos.wordpress.com/tag/child-status-protection-act/

https://cbocalbos.wordpress.com/tag/equal-protection/

https://californiaimmigration.us/family-petitions-to-immigrate-family-members/child-status/

Filed under: child status protection act | Tagged: Aged-out, child status protection act, cspa, Immigration, Immigration Attorney, Immigration Lawyer |