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Child Status Protection Act - would she qualify?

Asked over 2 years ago - Everett, WA

My US mother petitioned my married sister (F3 category) for green card for all her family (husband + 2 kids, citizenship: Peru). Both kids are single & professionals. The youngest DOB: Jan 2, 1983. Petition file date: Feb 20/01. I-130 Notice of Approval date: March 18/02. Yesterday (Aug 14/09) my married sister received a letter saying that her petition has arrived at NVC for processing (finally, after 9.5 years of wait!!). As you can see, the youngest is now 26. Could she get her US residency under CSPA? If so, what paperwork/forms do we need? By the way, this letter my sister rec'd yesterday said "If you believe that the CSPA applies to this case, please send a detailed explanation to the NVC"- any idea what "detailed info" they need so the youngest gets her green card too?

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Attorney answers (1)

John Manouchehr Manley

Reputation Level 11

Answered about 2 years ago. Immigration Attorney in Los Angeles, CA.

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Hello,

The statutory formula under CSPA for these cases is that the child’s age will freeze as of the date that a visa number becomes available for the petition in question reduced by the number of days that the petition was pending, but only if the child seeks to acquire the status of an LPR within one year of the date the visa became available.

This is fairly complicated to figure out. If there is a chance that her daughter could qualify, you might want to explore that more carefully. Your sister might want to have a consultation with an attorney and see if the daughter would qualify or not. If the daughter qualifies, that would be the detailed info NVC is requesting. An attorney would have to calculate based on the above formula and prove to NVC that the daughter qualifies for CSPA protection.

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