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

San Dimas, CA |
Filed under: US citizenship

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

Posted

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.

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Posted

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

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Posted

I agree with my 2 colleagues.

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Posted

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 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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