Child Protection Act

[lisakopavi 0]

I'm confused, maybe someone can help me understand. I found the following information on VJ in the frequently asked questions:

In August, 2002, the "Child Protection Act" was signed into law by President Bush. What the act does is remove the "age out" limitation, so if the AOS application is accepted prior to the child's 21st birthday, the child can still AOS even after they turn 21. Before this, the newsgroup experienced a handful of cases where extreme measures had to be taken by a family to get the child's case adjudicated before the child turned 21.

Does accepted mean the AOS is received prior to the child turning 21 or does accepted mean the AOS is approved prior to the child turning 21? I know I should probably understand this easily but my brain is overloaded from all of the work involved. Plus I just had a baby 2 months ago and i'm sure the mothers out there understand about how the brain doesn't function the same after giving birth.....lol.....!!

[trailmix 77]

I'm confused, maybe someone can help me understand. I found the following information on VJ in the frequently asked questions:

In August, 2002, the "Child Protection Act" was signed into law by President Bush. What the act does is remove the "age out" limitation, so if the AOS application is accepted prior to the child's 21st birthday, the child can still AOS even after they turn 21. Before this, the newsgroup experienced a handful of cases where extreme measures had to be taken by a family to get the child's case adjudicated before the child turned 21.

Does accepted mean the AOS is received prior to the child turning 21 or does accepted mean the AOS is approved prior to the child turning 21? I know I should probably understand this easily but my brain is overloaded from all of the work involved. Plus I just had a baby 2 months ago and i'm sure the mothers out there understand about how the brain doesn't function the same after giving birth.....lol.....!!

Hi lisa,

It means that the application (petition) is received by USCIS prior to the child turning 21, from USCIS:

"Under the CSPA, if you are a United States citizen and you file a Form I-130, Petition for Alien Relative, on behalf of your child before he or she turns 21, your child will continue to be considered a child for immigration purposes even if the USCIS does not act on the petition before your child turns 21".

More can be found here: How Do I Prevent My Child From Losing Benefits at Age 21 ("Aging Out")?

[lisakopavi 0]

I'm confused, maybe someone can help me understand. I found the following information on VJ in the frequently asked questions:

In August, 2002, the "Child Protection Act" was signed into law by President Bush. What the act does is remove the "age out" limitation, so if the AOS application is accepted prior to the child's 21st birthday, the child can still AOS even after they turn 21. Before this, the newsgroup experienced a handful of cases where extreme measures had to be taken by a family to get the child's case adjudicated before the child turned 21.

Does accepted mean the AOS is received prior to the child turning 21 or does accepted mean the AOS is approved prior to the child turning 21? I know I should probably understand this easily but my brain is overloaded from all of the work involved. Plus I just had a baby 2 months ago and i'm sure the mothers out there understand about how the brain doesn't function the same after giving birth.....lol.....!!

Hi lisa,

It means that the application (petition) is received by USCIS prior to the child turning 21, from USCIS:

"Under the CSPA, if you are a United States citizen and you file a Form I-130, Petition for Alien Relative, on behalf of your child before he or she turns 21, your child will continue to be considered a child for immigration purposes even if the USCIS does not act on the petition before your child turns 21".

More can be found here: How Do I Prevent My Child From Losing Benefits at Age 21 ("Aging Out")?

Hi,

I'm sorry I'm still a little confused. What you sent me says that if I'm an American Citizen (which I'm not, I'm the Canadian) I can file a I130. It also states if I'm a lawful permanent resident I can apply for a I130 on my childs behalf. It sounds to me like I need my adjustment of status approved before I can file a I130 on my childs behalf. But that isn't what I posted about President Bush signing the act. It states that if the AOS is accepted. Am I missing something or just still confused.....lol.......? By the way I also have a 20 year old son. He was 19 when I applied for the K1-visa. We were advised by an immigration officer in Detroit to take the K1-visa route. A gentlemen in Montreal keeps telling me that my conditions won't be lifted in time before my son turns 21 in March 2008. I'm so confused.........I really appreciate the help.

[trailmix 77]

I see what you mean. Reading what you have posted originally, again - I read it as the Adj of Status for the child being accepted - not you being accepted. The rules outlined in your post above assume that the parent (you) already has status.

Edited September 14, 2007 by trailmix

[lisakopavi 0]

I see what you mean. Reading what you have posted originally, again - I read it as the Adj of Status for the child being accepted - not you being accepted. The rules outlined in your post above assume that the parent (you) already has status.

Hi Trailmix (don't know your name.....lol)

This is so stressful. It really sucks that we weren't informed by the u.s. immigration officer that we originally spoke with that my 20 year old son will probably be deported when he turns 21. We have invested so much time and money for myself and my 2 older sons in this process as I'm sure so many others have. You seem to be very informed so I was wondering if you could answer another question? Is the K1 Process Flowchart on VJ accurate? I'm not sure what order I need to do things in when I get the Visa. Married?, SSN?, Driver's License? Thanks if you can help.

[trailmix 77]

Hi Lisa,

I'm not really familiar with the K1 process and I'm not bringing any children with me, however I'm sure there is someone here who does know.

Did you file a K2 for your Sons - did you check to see if this is an option?

[lisakopavi 0]

Hi Lisa,

I'm not really familiar with the K1 process and I'm not bringing any children with me, however I'm sure there is someone here who does know.

Did you file a K2 for your Sons - did you check to see if this is an option?

Thank you for responding. My 2 sons are on my K1visa application. I think that is what a K2 is, not positive though. I think I'll post the last question as a new topic and see if someone can help me. Thanks for everything.

[Jeremy + Kristy 0]

Hi Lisa,

I'm not really familiar with the K1 process and I'm not bringing any children with me, however I'm sure there is someone here who does know.

Did you file a K2 for your Sons - did you check to see if this is an option?

Thank you for responding. My 2 sons are on my K1visa application. I think that is what a K2 is, not positive though. I think I'll post the last question as a new topic and see if someone can help me. Thanks for everything.

I was wondering that, too. If your sons came here with K2s (named on your fiancee's original petition), had their interviews, and got a visa put into their passports, then they need to adjust status once you marry your petitioner, too.

[lisakopavi 0]

Hi Lisa,

I'm not really familiar with the K1 process and I'm not bringing any children with me, however I'm sure there is someone here who does know.

Did you file a K2 for your Sons - did you check to see if this is an option?

Thank you for responding. My 2 sons are on my K1visa application. I think that is what a K2 is, not positive though. I think I'll post the last question as a new topic and see if someone can help me. Thanks for everything.

I was wondering that, too. If your sons came here with K2s (named on your fiancee's original petition), had their interviews, and got a visa put into their passports, then they need to adjust status once you marry your petitioner, too.

Yes they do. And if they are over 14 it costs the same as it does for yourself. $1010 per person

[trailmix 77]

Hi lisa,

I understand now that you are concerned about at least 1 of your sons 'aging out' while waiting to adjust status.

I found a thread that might be helpful to you, people in the same situation (link below).

In particular there is a post from a member - ljs - who has this in their timeline: "Nov 14 2006 ~Montreal interview (expedited due to child aging out) SUCCESS "

Perhaps this is a possible avenue for you? Anyway hopefully you will find some answers in this thread, perhaps you can also private message ljs.

Children turning 21

Cheers!

[lisakopavi 0]

Hi lisa,

I understand now that you are concerned about at least 1 of your sons 'aging out' while waiting to adjust status.

I found a thread that might be helpful to you, people in the same situation (link below).

In particular there is a post from a member - ljs - who has this in their timeline: "Nov 14 2006 ~Montreal interview (expedited due to child aging out) SUCCESS "

Perhaps this is a possible avenue for you? Anyway hopefully you will find some answers in this thread, perhaps you can also private message ljs.

Children turning 21

Cheers!

Hi Trailmix,

I've seen that thread but thank you very much for sending it. I've been discussing things with my 20 yr old son and I think he is going to stay in Canada. During this process he started a full-time job making very good money. It's not going to be worth it for him to take a chance coming with me and his brothers. I'm not sure if I should notify Montreal that he won't be at the interview or not. I'm scared to do anything to screw up my interview date......lol. Thanks for all your help.

[ljs 1]

You may have [roblems getting a visa for you son who is 20. When I did my interview, they said that I had to have a reasonable chance to adjust before my daughter turned 21...they thought that 6 months was reasonable, she was turning 21 in 4 months. My lawyer spoke to someone in the office and it was reluctantly granted. My daughter who was at university did not feel that she could wait for the AP to be granted so she could leave and return to school while the AOS was pending, so we abandoned the K-2 when it became clear that she would not be able to get AP if she activatged the visa over christmas. I will now have to apply for a I-130 for her if she wishes to immigrate, which she doesn't right now.

It is hard, mum's like to have thier kids nearby! Lucky for us Canadians though we can have our kids come and stay for 6 months if they need to...and really, at 21+ that may be long enough!

Linda

[ljs 1]

In August, 2002, the "Child Protection Act" was signed into law by President Bush. What the act does is remove the "age out" limitation, so if the AOS application is accepted prior to the child's 21st birthday, the child can still AOS even after they turn 21.

It is my understanding that the child protection act is not applicable to K-2's as they are not immigration visas. You and your child have to completly adjust before 21, FBI checks and everything, or your 21 year old will be deported.

Linda