CHILD STATUS PROTECTION ACT IN USA

OM International can advise and guide you with the complete Immigration and Nationality Act (INA) defines a child as a person who is birth unmarried and under 21 years old. What are you waiting for? rush to the nearest OM Visa consultancy head office in Vadodara at the address mentioned below for more detailed information and further processing.

OM Consultancy finds the latest talk about the Immigration and Nationality Act (INA) defines a child as a person who is birth unmarried and under 21 years old.




HERE THERE ARE SOME IMPORTANT RULES AND REGULATIONS WHICH ARE FOUND BY OM CONSULTANCY

well, if someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status(also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. This situation is community referred to as "aging out" and often means that these applicants would have to file a new petition or application, wait even longer to get a Green Card, or may no longer be eligible for a Green Card.

However, Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. The CSPA went into effect on August 6, 2002.

CSPA does not change the definition of a child. Instead, CSPA provides a method for calculating a person's age to see if they meet the definition of a child for immigration purposes. The calculated age is the child's "CSPA age." This allows some people to remain classified as children beyond their 21st birthday. However, CSPA does not change the requirement that you must be unmarried in order to remain eligible for classification as a child.

CSPA Applicability and Eligibility

CSPA applies only to the following people:
  • Immediate relatives (including derivatives of widows);
  • Family-sponsored preference principal applicants and derivative applicants;
  • Violence Against Women Act (VAWA) self-petitioners and derivative applicants;
  • Employment-based preference derivative applicants;
  • Derivative refugees; and
  • Derivative asylees.

If you are applying for a Green Card based on one of the categories above, you are eligible for CSPA consideration if either your qualifying Form 1-485, Application to Register Permanent Residence or Adjust Status, or one of the following underlying forms was filed or pending on or after Aug 6, 2002:
Form 1-130, Petition for Alien Relative;
Form 1-360, Petition for Amerasian, Widow, or Special Immigration;
Form 1-140, Immigration Petition for Alien Worker;
Form 1-526, Immigration Petition by Alien Investor;
Form 1-589, Application for Asylum and for Withholding of Removal;
Form 1-590, Registration for Classification as a Refugee; or
Form 1-730, Refugee/Asylee Relative Petition.

CSPA FOR REFUGEES AND ASYLEES

If you are a derivative refugee, your CSPA age is your age on the date your principal refugee parent or Form 1-730 petitioner filed his or her 1-590, which is the date of his or her interview with a USCIS officer.

If you were under the age of 21 at the time of your parent's interview, your age is frozen as of that date and you will not age out.

while you must be unmarried to qualify for admission into the U.S. as a derivative refugee, you do not need to remain unmarried in order to qualify for a Green Card under INA section 209.

Unlike derivative refugees, you must be unmarried in order to qualify for a grant of derivative asylum and to qualify for a Green Card under INA section 209.

For more information please feel free to contact me on :

VISHAL SHAH 
CEO - OM Group of Companies
OM INTERNATIONAL

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Welcome To OM International, India's Leading Study Abroad & Immigration VISA Consultancy Company

Welcome To OM International, India's Leading Study Abroad & Immigration VISA Consultancy Company
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