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Aging out.

Pittsburgh, PA |
Filed under: Green cards

My father applied for an employement-based green card. In the application he listed my mother's name and my name, so we can take the green card with him.
On June 10, 2009 the I-140 was approved.
I was born in January 1988. So on the date of the I-140 approval, I was 21 years and 5 months old.
Now my father recieved a mail from the Department of state, stating that he must pay 405$ to proceed with the I-140, and get an interview at the US embassy in my home country.
The documents include my father's and my mother's names but not my name.
I've read the Child Status Protection Act (CSPA), which I guess could help me.
Is there anything you can do, so I can take the green card with my parents, now?
I will pay whatever it takes to get the green card with my parents, now.

Attorney Answers 3


Need more information in order to answer your questions. I specialize in CSPA cases. You may want to go t my website and watch the 2 videos about CSPA.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Thank you for your reply. The I-140 was filed somewhere in 2007, and it was approved in June 2009. I was born in 01/01/1988. If there is a possibility that I get the green card, you can start processing my application ASAP. Thank you Georges

Carl Michael Shusterman

Carl Michael Shusterman


The 1 to 2 years that the I-140 was pending should have been subtracted from your age when the visa petition was approved or when your priority date became current, whichever was later. Then, you were required to "seek to acquire" permanent residence within one year. If you wish to schedule an appointment with me, please see


More information is needed to determine if you qualify and why your name was not included.
I suggest to retain an experienced immigration attorney to review the file and determine whether you qualify.

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Not enough information to determine CSPA eligibility. See link below.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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