QUESTION
Can my visa change once I am over the age of 21?
Asked on Jul 18th, 2011 on Immigration - Texas
More details to this question:
My mom petitioned me when I was 19 years old (F2A VISA).. And my priority date is Oct 2009. The current priority date for July 2011 is march 2008 and for august 2011, it would be July 2008. I would just like to ask for help if I am still on f2a category even if I'm already over 21 or my visa would be change to f2b automatically? Can I be able to have the Child Protection Law?
3 ANSWERS
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Child Status Protection Act may apply to your case. Best is to contact an experienced immigration attorney
Answered on Jul 29th, 2011 at 5:00 AM
Corporate & Incorporation Attorney serving Coral Gables, FL
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Hans Burgos, P.A., Immigration Law Offices
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The Child Status Protection Act (CSPA) allows the time a Petition for Relative (Form I-130) was pending before the DHS/CIS to be subtracted from the beneficiary's biological age at the time of visa availability so that the applicant is not penalized for the time in which the DHS/CIS did not adjudicate the Form I-130. Such a beneficiary must file an Application for Adjustment of Status (Form I-485) within 1 year of the immigrant visa becoming current or available.
Answered on Jul 28th, 2011 at 1:58 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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If you are now over 21, you have aged out of the FB-2A preference category and are now in the FB-2B. There is no need to notify the USCIS, but use this new FB preference category to determine when your PD is current. Please note that this category does not include you if you get married.
Answered on Jul 28th, 2011 at 1:03 PM