Legal Question in Immigration Law in California

Hello

l am really confused about Child Protection Act.. I know about if you are above 21 you ll not be eligible...But there is info about it on Immeditate relative and my case is i am grand child and my grandfather who is us citizen has petitioned a file for my dad and family (that is me and mom and dad).

my grandfather (us citizen) filed petition for his son (my dad (and mom and me)) on jan 2002 and we got approval notice on aug 2009

my date of birth is 8 nov 1988. Right now i am 21. But if i calculate my age i will still be around 15 i guess. Does CSPA applies only on first preference that is son of petitioner only , or it applies on 2nd pref (grand son) also..

Petitioner: GrandFather, US Citizen in US. filed for my dad and family (which includes my dad, mom, my brother and me)

Preference Category: F3

Priority Date(Petition Filled): 29 Jan 2002

Petition Approved: 24 Aug 2009

My Date of Birth: 8 Nov 1988 (As At Now- 22 years )

My brothers Date of Birth � 18 July 1985 (appx 25 yr)

Status: Unmarried

Choice of Agent form : Received 15th March (india) and send back after filling and NVC received it on 30th March

Pls help me out...let me know if me and my brother will be able to go with my parents or not...my grandfather petitioned a file for his son (my dad and family)

we got approval notice that its been approved and also filled out choice of agent form and my uncle paid 70$ fee (I don�t know what exactly that was for) and he got email to fill out I-864 etc forms....

Will we be available to go with our parents and will be eligible for CSPA or not ?

Is there anything we should do ahead to expedite the case?

P.S � We haven�t send any docs of my elder brother to NVC ..i guess we only sent it once when they filed so is there anything we need to do..(becuz we thought that he is above 21 and hence dint send anything�can we send it now or will NVC ask for that or we can directly goto embassy and they ll ask it that time)

AND ALSO if something happens to my grandfather how will it affect us, what could be done then�.he is very serious right now�

Any input will be greatly appreciated.


Asked on 4/02/10, 10:07 am

1 Answer from Attorneys
Madan Ahluwalia Ahluwalia Law P C

The purpose of the Child Status Protection Act is to include the children who age out (turn 21) during the waiting period.

Whether you are eligible or not requires a calculation based on when the petition is filed and when the visa petition was approved and when the visa number became current (available). My suggestion is that your grandfather meets an attorney in person to have this evaluated.

If you don't, National Visa Center or the US Consulate will also do the calculation and if you are found eligible under the law, you will be included in the visa processing. If you are legally eligible, no one can stop you.

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Answered on 4/07/10, 11:47 am


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