| Frequently Asked Questions |
Your Immigration Questions Answered by VisaPro.
Here, you will find detailed answers to many of most common immigration questions. |  |
| 7. |
What is an Aging Out case for the purpose of Adjustment of Immigration Status? | | | | | |
An Aging Out case is a situation referring to a person’s petition to become a legal permanent resident as a child, and in the time that passes during the processing of the application, the child turns 21, and ages-out. |
| 8. |
Does the Child Status Protection Act (CSPA) prevent my child from Aging Out? | | | | | |
Yes,
if you are a U.S. citizen petitioning on behalf of your child, the CSPA prevents your child from Aging Out. If you are a legal permanent resident petitioning on behalf of your child, you will have to run the facts through the formula to determine the child's "age" for immigration purposes. |
| 9. | What does the Child Status Protection Act (CSPA) say about children of U.S. citizens? | | | |
| | Under the CSPA, if you are a U.S. citizen and you file a Form I-130, Petition for Alien Relative, on behalf of your child before your child turns 21, your child will continue to be considered a child for immigration purposes even if the United States Citizenship and
Immigration Services (USCIS) does not act on the petition before your child turns 21. |
| 10. | What does the Child Status Protection Act (CSPA) say about children of legal permanent residents? | | | |
| | Under the CSPA, if you are a legal permanent resident and you file Form I-130, Petition for Alien Relative on behalf of your child before your child turns 21, your child’s age will be determined using the date that the priority date of the Form I-130 becomes current, minus the number
of days that the Form I-130 is pending. In addition, your child must seek to acquire the status of a legal permanent resident within one year of visa availability. This provision also applies to derivative beneficiaries on family-based and employment-based petitions. | |
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