Q: what if my nephew age out before F4 priority date
A: Does CSPA apply to his case?
A “child” is defined as an individual who is unmarried and under the age of 21. The recurrent problem was that some petitions took many years to process and the child "aged out" and could not be included in the parents petition. For example, a U.S. brother filing for his sister and her kids. At the time of the initial filing the child was 15 years old. But is took seven years for the USCIS to approve the petition. By the time of the approval, the child was already 22 years of age, aged out and was left in illegal limbo as the parent became lawful residents.
In steps CSPA provided a mathematical formula intended to minimize the number of age-outs. The formula permits a deduction of the amount of time an immigrant visa petition was processing with the immigration service from the child’s actual age on the date their application was filed. We are not talking about the amount of time the person waited for their priority date to become current, but uses the time a petition was filed and the date it was approved.
The formula is a bit complex, but a basic example illustrates how it works. Ana Paula was petitioned by her US citizen brother in 2001. The immigration service took 5 years to process the petition before it was approved. When Ana Paula's priority date finally became current she submits her application for an interview at the Consulate. She is very worried because her older son Sergio, turned 21 three years ago and is now 24 years of age. In the past Sergio was just out of luck and had to wait for his mother to sponsor him. This could take many year and he would remain in an illegal position. But thanks to CSPA, Sergio can deduct 5 years from his age, which would make him 19-years-old for immigration purposes. He is now able to immigrate with the family.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.