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mallulover

Will this qualify under the Child Status Protection Act

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Hi, can anyone tell me if this situation qualify under the Child Status Protection Act?

I am a naturalized United States citizen and after becoming a citizen I filed I-130 (U.S Citizen filing for brother or sister) back in December 2003 to bring my Sister, her husband and two kids. One kid is 22 years old now and unmarried but at the time of the filing he was only 16 years old. Will he qualify under the Child Status Protection Act?

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Filed: Timeline
Hi, can anyone tell me if this situation qualify under the Child Status Protection Act?

I am a naturalized United States citizen and after becoming a citizen I filed I-130 (U.S Citizen filing for brother or sister) back in December 2003 to bring my Sister, her husband and two kids. One kid is 22 years old now and unmarried but at the time of the filing he was only 16 years old. Will he qualify under the Child Status Protection Act?

CSPA age calculation involves a few more details about the case than the information you provided. Give the following details for anyone to calculate your nephew's CSPA age:

1. Exact Priority Date (Usually mentioned on NOA1)

2. Date of Approval (Mentioned on NOA2)

3. Your nephew's date of birth

Moreover, eligibility for protection under CSPA depends on some additional requirements besides the CSPA age. Use the forum search function or read the 'pinned' thread about CSPA. Even googling "CSPA" would provide several links on the first page.

Thanks & Regards,

Monis

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Filed: Country: Vietnam (no flag)
Timeline
Hi, can anyone tell me if this situation qualify under the Child Status Protection Act?

I am a naturalized United States citizen and after becoming a citizen I filed I-130 (U.S Citizen filing for brother or sister) back in December 2003 to bring my Sister, her husband and two kids. One kid is 22 years old now and unmarried but at the time of the filing he was only 16 years old. Will he qualify under the Child Status Protection Act?

It's impossible to calculate with any certainty at this time. The time it takes USCIS to approve the petition does not count against the derivative beneficiary. Has the petition been approved yet?

The current PD for F4 cases from India is June 15, 1999. It will take around another 3-4 years before visas becomes available to your sister and her family. By that time, the aged out child will be 25 or 26. If it takes USCIS longer than 6 years to approve your sister's case, her child will be eligible for a visa under CSPA if he remains single. If it took less than 6 years for USCIS to approve the petition, it's unlikely that your nephew will get a visa.

All of the above conjecture is based on the PD becoming current in 3-4 years. Since it is impossible to predict PD movement, the numbers above are just guesses.

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