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Is CSPA helpful to my case?

Los Angeles, CA |

I am from india.My mom applied me i-130 immediate relative.My priority date is NOVEMBER 8TH 2011 and it was approved on AUGUST 22ND 2013.At the time of filing my age is 19 years but now i turned 21 years.So my question is now which category i belong 2 A or 2 B?Which age is taken into consideration for giving visa?How much time will take NVC to issue my visa? And is there any chance to get visa under CSPA(child status protection act) ?if yes how?what are the requirements to get benefits from CSPA?
Please reply am in confusion
tanQ in advance

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Attorney answers 4


If your mother was a citizen when she filed the petition for you, your age was frozen on the date the petition was filed. However, if your mother is a permanent resident you are able to subtract the number of days the petition was pending from your age on the date you are first able to file. However, in order to retain the benefit of this rule, you must apply for adjustment of status within one year visa availability. I believe this month or last month your is current. So, you need to speak to a lawyer immediately to make sure that your rights are protected



TanQ sir,How to apply for AOS(adjustment of status)?


Presumably your mom is a US citizen? If that's the case, then your age is considered whatever age you were on the date of the receipt notice (your priority date). If however, the I-130 was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized. Does that make sense?

This is not legal advice and no attorney-client relationship has been formed, now or in the future. This is just a casual opinion expressed about a hypothetical situation.



My mom is a PR holder


If she did not naturalize, you get to subtract the time the application was pending from your age on the day the priority becomes current. If that lands you under 21, you are a minor for immigration purposes.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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.


Assuming that your mother is a permanent resident, your age will remain under 21 because they will subtract the petition's pending period from your age on the date of 8/22/2013. It appears the petition was pending more than 20 months and you just turned 21, so you should be still considered under 21.

Law Office of Brian H. Lee, San Jose, California, 408.246.6710 This is general information, not legal advice. This does not establish any attorney client relationship.

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