Can CSPA be applied to a Derived Citizenship Case under INA 320?

Asked about 1 year ago - San Dimas, CA

I meet all of the factors for derived citizenship under INA 320 except that I received my GC a few days after my 18th birthday. However, my USC father filed the I-130 and I-485 for me in 2006 when I was still 17 (even though they did not get approved until I was 18). Can I use CSPA to claim that my age was "frozen" at 17 when my father filed the I-130 and I-485 for me? If my age was indeed frozen at 17 because of CSPA, am I eligible for derived citizenship.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . No. Good argument though. Liked the creativity. To get citizenship as a derivative a number of criteria must be satisfied. While it is not importnat the order in which they are, all of them must be satisfied. You are lacking on one major criterion and will have to seek naturalization on your own like every body else.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No. CSPA does not apply to citizenship.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    2

    Lawyers agree

    Answered . No, statutes do not bend accordingly to the prospective applicants wishes, not intended Congressional result.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. John Grayson Davidson

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I agree with my 2 colleagues.

    Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com

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