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Will I be eligible for Child Protection Status Act?

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nancmkt13
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Posts: 1
Joined: Sun Jun 20, 2010 7:37 am

Will I be eligible for Child Protection Status Act?

Post by nancmkt13 » Sun Jun 20, 2010 7:49 am

I currently live in Canada with my parents and my uncle has sponsored my dad for permanent U.S. immigration. My uncle is doing F4 Visa, for brother/sister. My dad got the VISA approval this past September, but no VISA's available yet because of too many applicants.

I'm curious to know, if my dad gets sponsored, will I be able to go with him? I am now 21 years old (born in August 1988) and I read if you're 21 or over, I would have to file an I-130 form instead of going with him at the same time. However, I also heard the U.S. passed something called the Child Status Protection Act, which may mean that I'm still considered a child when my dad gets a VISA number. My uncle filed the petition on April 2003, and it got approved on August 2009. My dad didn't get a VISA number yet.

I suppose if the consulate looks at the petition date, I was still under 21 at the time. I'm not sure.

So would any of you guys know if I would be considered a minor when my dad gets his VISA number (which could be 3-5 years from now)?

Again, here are the dates:

Petition date: April 2003
Petition approval: August 2009
Date that my dad received VISA Number: (Unknown)
My date of birth: August 1988

Hopefully I will be able to go with my dad, and not have to file an I-130 and wait another 10 years to get into the U.S.

P.S. Do I have to do anything right now to make sure I am eligible for the CPSA, or is it automatic?

Marco 72
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Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Re: Will I be eligible for Child Protection Status Act?

Post by Marco 72 » Sun Jun 20, 2010 10:25 am

Hi, I am confused by this "My dad got the VISA approval this past September, but no VISA's available yet because of too many applicants." What exactly do you mean? If I understand it correctly, he is still waiting for a visa number and there has been no "visa approval" yet.

A "child" in US immigration law is a person under 21, and in any case the CPS Act does not cover people who age out due to the unavailability of a visa number, only those who do so because of processing delays.

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