How Does CSPA Apply to F-3 and F-4 Preference Category Derivative Children? скачать в хорошем качестве

How Does CSPA Apply to F-3 and F-4 Preference Category Derivative Children?

Consult with an Attorney. Attorney Advertisement. How does CSPA (Child Status Protection Act) Apply to Derivative Child of F-3 and F-4 Immigrant Visa Preference Categories? Hi I’m Immigration Attorney John Khosravi Today I want to briefly discuss The Child Status Protection Act or C-S-P-A also known as CSPA and how it affects people in the F-3 or F-4 Categories If you are in the F-3 Category meaning the grandchild of a U.S. Citizen who’s going to get their Green Card through their parents or in the F-4 Category when you are a niece or nephew of a U.S. Citizen about to get a Green Card through your parents if you “age out”, meaning go above the age of 21 you won’t be able to get the Green Card with them However, they created the CSPA or Child Status Protection Act so they could lower your age based on how long the processing of the initial I-130 Petition took so potentially your age could go under 21 For example, if the I-130 Petition was pending for 3 years and the child is 22 by the time Green Card processing is ready if you subtract the 3 years Application pending time the age will be under 21 and they can adjust status or get an Immigrant Visa with their parents However, if they are 26 and you subtract the 3 years from their age they are above the age of 21 and they can no longer come within their Parents’ Petition In those kinds of cases, once the parent gets the Green Card they have to file a new Petition for their children Now there was a Court case in the early 2010s that restricted the CSPA or Child Status Protection Act to limit certain benefits that it had for people that are in the F-3 or F-4 Categories However, this did not limit the ability to subtract the processing time for the initial I-130 from the age of the derivative children to see if they fall under the 21-year-old threshold This is really important to know because a lot of people unfortunately are not aware of this opportunity and lose the ability to get their Green Card