QUOTE(Sanjiv Patel @ Feb 15 2008, 12:21 PM) 
Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.
Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:
Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.
Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm
An excerpt from this article:
". . . where an alien child is a derivative beneficiary under a principal beneficiary of any preference petition, and is determined to be 21 years of age or older and has therefore become ineligible for the benefit of § 203(h)(1), he or she may nonetheless be eligible for retaining the earlier priority date of the original petition that enabled the original principal beneficiary become a lawful permanent resident.
The principal beneficiary may then file a relative petition for the derivative beneficiary who would then fall under the second preference category as an unmarried son or daughter of the principal beneficiary. . ."
Good Luck.
Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:
- The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
- A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
- Another good source of information on CSPA: http://www.tancincolaw.com/tancinco_subidx...co2004626105042
- CSPA Age Calculator: Click to view attachment
Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.
Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm
An excerpt from this article:
". . . where an alien child is a derivative beneficiary under a principal beneficiary of any preference petition, and is determined to be 21 years of age or older and has therefore become ineligible for the benefit of § 203(h)(1), he or she may nonetheless be eligible for retaining the earlier priority date of the original petition that enabled the original principal beneficiary become a lawful permanent resident.
The principal beneficiary may then file a relative petition for the derivative beneficiary who would then fall under the second preference category as an unmarried son or daughter of the principal beneficiary. . ."
Good Luck.
