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I 130

San Francisco, CA |

Dear sir,
we have an approved family petition for a relative, fiancee and orphan. The priority date is coming in the next 2 years. By the time the children on the application will become 21 years old...does that disqualify her, or what counts is the age on the application date??

Attorney Answers 3

Posted

They are eligible for a credit of time the application was pending.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

so does she remains credible with 21??

Posted

CSPA allows you to subtract from the age of the child on the day when priority becomes current, the time that lapsed between when the I-130 was filed and approved. If that lands your child under 21, he or she will be eligible. If this is the case, you will need to work with your immigration lawyer in expediting the interview date.

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Posted

can we do that before the priority date?

Posted

The child may be eligible under the CSPA. It is best to consult an immigration attorney.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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