Immediate relatives of US citizens who turned 21 are protected by CSPA
QUESTION: How are immediate relatives of US citizens treated when they turned 21 years of age before they applied for immigrant visa?
Answer: When a
He or she becomes 21 years of age when the visa is being processed.
He or she turned 21 years of age prior to August 6, 2002, the effective date of Child Status Protection Act.
He or she was petitioned as single and later on got married but ultimately got divorce before he or she turned 21 years.
If the above applies to your relative, then he or she may qualify to apply for an immigrant visa at the U. S. Embassy or adjust status if in the
Answer: If your immediate relative filed for an immigrant visa on or before August 6, 2002 and was denied, then CSPA will not protect them. Only those with immigrant visa application that is pending on August 6, 2002 or have not yet applied for immigrant visa on August 6, 2002 are protected by CSPA.Question: What has changed from the original interpretation of CSPA by the USCIS?
Answer: Since May 6, 2008, the USCIS changed its interpretation of the CSPA. Originally the agency denied applicability of CSPA to those children who turned 21 before August 6, 2002, the effective date of CSPA. Now, the agency allows those immediate relatives who turned 21 before August 6, 2002 to apply for immigrant visa even if they are now in the F1 category or unmarried son or daughter of US citizens over 21 years of age. Question: What should the immediate relative do to avail of the new USCIS interpretation of the CSPA?
Answer: If your immediate relative is in this situation, you should consult with a reputable immigration attorney to analyze their case and give advice on action to be taken.
Source:Asian Journal
