My sister in law turned 21 last summer. Before which, her application for a green card based on my mother-in-law's residency status was received and approved, but no visa numbers were available. Now, my brother-in-law (who is 20 years old) just received notice of a visa appoinntment, but his sister did not. We assumed CSPA meant they would subtract the time that a visa number was unavailable from her age. Were we supposed to apply for something or did we misunderstand the Act?
For preference category and derivative petitions, the ‘CSPA age’ is determined on the date that the visa, or in the case of derivative beneficiaries, the principal alien’s visa, becomes available. The CSPA age is the result of subtracting the number of days that the immigrant visa petition was pending from the actual age on the date that the visa becomes available. If the ‘CSPA age’ is under 21 after that calculation, you will remain a child for purposes of the permanent residence application.
Yes, she must apply for permanent residence within one year of the priority date being current.
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