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My family were waiting for more than 12 years for green card, now Immigration ask my family for interview, but their son was not on the list and the time when immigration approve their request their son was under 21 year old. now their son wants to get visa under the (CSPA) law. How can he fallow this rule to be immigrate and can he go to embecy to ask for visa? If yes, please let me know how we can support him to be here
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Thank you for your message. CSPA is complicated to apply. Generally, the consulate will look at the child's age on first date that a visa was available and subject the amount of time that the I-130 petition was pending with USCIS. This does not mean the amount of time that the family was waiting for a visa, but the year or so between the date that the I-130 was filed with USCIS and the date that the I-130 was approved. If the child's age is under 21 years after subjecting the processing time, then the child is covered under CSPA. If the resulting age is over 21, the child is bumped to another category.
If CSPA applies, the child has one year to take some action towards completing the process. If the child does not take action within one year, then CSPA will not apply.
If CSPA does not apply, after the parent has received his or her permanent visa, a new I-130 will need to be filed for the chlid who can retain the original filing date (priority date) but will move to a new category.
I suggest contacting an experienced immigration attorney in your area if you have more questions. Good luck!
Answered on Jul 30th, 2014 at 12:33 PM