My i-130 form was file in august 2002 when i was 17 years old. Later in 2005 my form i-130 was approved at the age of 20 years old. I calculate my age using the formula and my age after using the CSPA formula is 21 years, 3 months, 17, days. Can i still qualify under CSPA although i am over 21 years old. I heard that i qualify because my i-130 form was filed when i was 17 years old and that i am consider a "child".
It sounds like you likely qualify but you should bring all of your documentation to an immigration attorney to review in order to make sure you do in fact qualify for CSPA protection.
Grady G Gauthier
The CSPA is very complex and like the other attorney, I recommend spending the money on a consultation with an experienced immigration attorney to find out if you do qualify. Please also note that since you are not an immediate relative, you must process through a US consulate in your country. (Unless you have protection under 245i or some other exception to this general rule).
Because the stakes are high and could result in removal proceedings or the imposition of bars on returning to the United States if you left, you should contact an experienced immigration attorney to go over your entire immigration and criminal history and make sure you actually qualify for legal permanent residence.
The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client. I strongly advise consulting with an immigration attorney before filing any papers with immigration, particularly if the person for whom you are filing has any past negative immigration or criminal history and is in the United States. There is always a risk of removal from the United States.
There are not enough facts here to make that determination. The link below should give you a good idea of whether you are a child under CSPA.
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.
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