Legal Question in Immigration Law in Florida

My father who is LPR sponsored his son my brother and his I130 got approved and case was sent to Nvc however he turned 21 in July of 2015 while waiting for priority date to become current which it did on oct 2015,hence we recvd a letter that ur case status might have changed and I'm assuming he is now moved from f2a to f2b, bc he turned 21 before priority became current will CSPA help him ? He was born july 6 1994 case filed April 2014 priority date may 6 2014 case sent to Nvc on oct 8 2015 country of charge ability is pakistan


Asked on 3/08/16, 7:10 am

1 Answer from Attorneys
Paul V. Suppicich Maney, Gordon, Zeller, P.A.

The Child Status Protection Act (CSPA) was enacted in order to protect people applying for permanent residence based on their status as �children� from being denied because of backlogs in USCIS processing times. The CSPA allows these people to keep their classification as �children,� even after they reach the age of 21, for purposes of receiving an immigrant visa by adjusting status to lawful permanent resident.

Since your father is a lawful permanent resident who filed a Petition for Alien Relative for his son who was under age 21, his son can continue to benefit from his petition even if USCIS does not make a final determination on the petition until after he is over the age 21. The CSPA applies to petitions filed for children under the immediate relative category, petitions filed for children under a family-based preference category, and family-based and employment-based petitions in which a child is applying for an immigrant visa or adjustment of status as a �derivative applicant.�

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Answered on 3/09/16, 6:57 am


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