During a discussion with an immigration attorney, she or he will ask you how long the petition was pending, the date of birth of the son, what country the beneficiaries are from and several other questions in order to answer your question.
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If he remains unmarried, he may be able to immigrate under the Child Status Protection Act. We are in the process of litigating this issue before the Supreme Court.
Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
The CSPA may offer him relief, even if he reaches age 21 before a visa becomes available.
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The Child Status Protection Act (CSPA) may be available as a relief measure for your nephew. The CSPA permits certain beneficiaries to retain classification as a “child,” even if he or she has reached the age of 21. Consult with an immigration attorney who will be able to help you determine your nephew's eligibility and assist him in applying for an immigration benefit/visa.
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