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I am a LPR. I want to bring my unmaried child who is 20 years old. Does Child Status Protection Act apply for his I-130?

Royal Oak, MI |

Thank you in advance

Attorney Answers 6


  1. You may file an I-130 for your unmarried son or daughter. At this time, your son/daughter will be in preference F2A category. But it appears that, if the preference category does not become current before he/she reaches age 21, then he/she will change to F2B category. So long as your son/daughter remains unmarried, your petition will still be valid. But your son/daughter will likely need to wait a significant amount of time before the category becomes current.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.


  2. Yes, it does but it will not help you at all. It only gives you back the time the application will be pending, which nowadays is about 8 month to a year. The priority date on those is over three years which will land him outside of the reachable age for purposes of the CSPA.

    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.


  3. Only if 1) the I-130 is filed before he turns 21, 2) the CSPA age is under 21 at the time the priority date becomes current, and 3) he then applies for the green card within one year of the priority date becoming current.

    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.


  4. This is a very complex area of immigration law. I agree with attorney Segal and recommend that you hire an attorney familiar with this area ASAP.

    MEDINA LAW GROUP PC: EXPERIENCED TEXAS IMMIGRATION ATTORNEYS. email: cindy@medinalg.com; Phone: (210) 821-4500; Fax: 210-821-4500; 1802 NE Loop 410, Ste 104, San Antonio, TX 78217. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Furthermore, the content of this answer does not create an attorney-client relationship. I apologize in advance for any spelling or typographical errors. MEDINA LAW GROUP PC.


  5. Your petition will be a Family 2A category. CSPA is a complicated area, but you should file the I-130 anyways and you'll be able to know in due time whether the CSPA applies. You should hire an experienced lawyer for this case.


  6. If you acquired permanent residency as a "preference" immigrant then your child may be able to immigrate as soon as he can be scheduled for an immigrant visa. But act quickly, because depending on when you became a permanent resident, if he turns 21 this opportunity may be lost. If you want clarification, tell me when and in what category you became a permanent resident, and what you have done since then to help you child come to the U.S.

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