I came here when I was 14 and I am now 20 and turning 21 in January. My Visa expires in a few months. We are currently in the process of getting a greencard, almost finished. Am I eligible for Child Status Protection Act or not?
While you did not provide enough information to determine whether or not the child status protection act applies to you, you may not need it. How you are tryinmg to get your green card makes a differrence. Consult with an immigration attorney to help with your applications.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
Need more facts to be able to answer your question.
(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.
The answer depends on many factors which can only be fully ascertained through an individual consultation. I recommend that you contact an immigration lawyer to fully understand your options. There are many intricacies and important deadlines under CSPA.
Ismail T. Shahtakhtinski, Esq.
Attorney & Counselor at Law
I.S. Law Firm, PLLC
1199 N Fairfax St., Ste 702
Alexandria, VA 22314
Tel: (703) 527-1779
Fax: (703) 778-0369
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Whether the child status protection act applies to your individual case depends not only on your age at the time that the I-130 petition for alien relative was filed, but, also, what month and year that the petition was approved, had to be on or after August 6, 2002. An in-person consultation with a reputable immigration attorney, who can review the specific details of your individual case, would serve you well.
This response in no way establishes attorney/client privilege or relationship.
You may be protected by the Child Status Protection Act, here is a helpful guidance to look at from Kurzban's Immigration Law Sourcebook:
"Whether a child has “aged-out” [i.e. no longer protected by the CSPA] will be determined by taking the child’s age at the time an IV [Immigrant Visa] became available to the parent and deducting the number of days/years the petition has been pending. For example, a child who was 21 years and 9 months old at the time the IV became available to his parents, but the IV petition (e.g., I-140) had been pending for 11 months, will be treated as a child and may accompany or follow to join his parents. The child must seek to acquire LPR status within one year of the time the priority date is current."