Asked in Immigration Law for New Jersey

Q: I have a question regarding CSPA (Child Status Protection Act) for aged-out child

My aunt (US Citizen) sponsored my parent and I (was 12 at that time) to become US resident ("Greencard"). However, the wait time is 13 years. Our petition got approved back in 2009 (when I was 19)- but the cut off date is just become current. My name was not included in the immigration interview with my parents since I am already aged out (I am 25 this year). I am currently living in the state under H1B status. Would my parents be able to file for CSPA for my residency or I have already missed out on the opportunity due to number of waiting years? Please advise. I am not married.

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1 Lawyer Answer
Paris Lee
PREMIUM
Answered

A: The application of the Child Status Protection Act can be complicated. You should consult with an attorney to review the case. You need to secure the I-130 Approval Notice that your aunt filed for your parent.

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