Legal Question in Immigration Law in California

My husband and I received an �IMMIGRANT VISA APPLICATION PROCESSING FEE BILL INVOICE�. The said letter enumerates the procedure on how to pay the NVC (amounting to $400 dollar for each applicant) but before I pay the said fee I would like to ask assists regarding my concern:

I was reading the �chid status protection Act (CSPA)� and I found out that it allows children beyond 21 years of age to be still eligible to the petition. I am wondering if this applies to my 23 year old son, born on May 26, 1986. To my knowledge our petition took more than 20 years to get approved (we were petitioned by my brother during the early 1980�s). I am not sure if I should include him in payment of $400. I have no idea if he qualifies because I forgot the details of my petition, hence I would like to ask you guidance if I should include him in the payment since I believe that the payment is non refundable. Can you a tell me if my son is included in the CSPA?


Asked on 2/19/10, 6:59 pm

2 Answers from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

It may well include your son, but without the details of his date of birth, date petition filed and approved, and the category, it's a little tough to say for sure.

The above is general information, not intended as legal advice or to reflect an attorney client relationship.

For further information, feel free to contact me at 818 609 1953 or [email protected].

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 2/24/10, 7:19 pm
Vivian Szawarc Law Offices of Vivian N. Szawarc

Your son will only be included if the priority date becomes current before his 21st birthday. However, it seems to me you might be eligible to apply for adjustment of status inside the USA without paying the $400 and leaving the country. Your son might still hold that right too. It depends on the date the initial petition was filed by your brother and your date of entry into USA. Feel free to contact us with the information so we can assist you at [email protected].

Vivian N. Szawarc, Esq.

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Answered on 2/25/10, 9:33 am


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