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?
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