Q: I am US citizen and want to get a Green Card for my sister in India + her 12 year-old son. Can Child Status Protection Act be applied?
I am a naturalized US citizen. I want to file for a Green Card for my sister who lives in India. It seems that the processing time for that category is 11 years. My sister's son is 12 years-old now. If he crosses 21 years age limit when the case is pending, will he get the Green card? Will he get the advantage of Child Status Protection Act?
A:
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Your sister's son may or may not benefit from CSPA. CSPA provides a complex formula to be applied on each case differently. Please consult an attorney to discuss your case in detail and find out whether he can benefit from CSPA.
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