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Ron Babb

CSPA Rules at DOS/NVC for IR2 under 21 and unmarried

By Ron Babb in Bringing Family Members of US Citizens to America

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Ron Babb   5

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Filed: IR-1/CR-1 Visa Country: Philippines
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I understand Child Status Protection Act (CSPA) is clearly defined in USCIS guidance.  For US citizen sponsor of IR2 child/step-child under 21 and unmarried, the child's age is frozen at date of submission of I-130 and apparently remains so.  USCIS rules also state CSPA should also be generally applied the same way under Dept of State (DOS) processing (NVC).  

 

So what if due to COVID-19 (in Philippines}, we purposely delay submission of the DS-260/fees and it gets past his real 21st birthday but still under the one year application start of submission deadline at NVC.  I assume he cannot be aged out?

 

I also assume the one year NVC countdown for us to act on the visa application is from date of NVC notification of USCIS approval?

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