My parents are waiting for
the U.S. citizen's brother/sister
immigration visa, and I may be included to immigranting process
together with my parents.
Since I am
19 years old and and currently a college sudnet in my
country, under the Child Status Protection Act, do I have
to apply for U.S. immigration "within one-year requirement" when the U.S. immigration
visas are avauilable for my parents?
U.S. immigration law
normally limits dependent or derivative status to children who are
under 21 years of age. For U.S. permanent resident (Green Card)
application, the Child Status Protection Act (CSPA) allows derivative
benefits beyond the child's 21st birthday, if certain conditions are
Previously, a child who
turned 21 years of age was no longer eligible
to receive a Green Card as part of a parent's immigration case. This is
true even if the child had aged out because of U.S. government's
immigration processing delays. The Child Status Protection Act was intended to help
alleviate this "chind aged out", and the Child Status Protection Act contains a formula for
determining the child's CSPA age.
An important restriction to
eligibility under the CSPA is the
requirement that an applicant seeks to apply for U.S. permanent
resident status within one year of an immigration visa becoming
available. Therefore, to preserve the child's eligibility for
immigration or U.S. Green Card, the child must apply for the
U.S. immigration within one year of the time when the immigration visa
for th child is considered to have become available.
The action that must be
taken within the one year time period generally
includes filing one of the following: an adjustment of status
application (Form I-485), a following-to-join application (Form I-824),
or an immigrant visa and alien registration application (DS-260).
The appropriate actions
depend upon the location of the child. Any of
these actions constitutes applying for U.S. permanent resident status,
and it will suffice to freeze the CSPA child's age. Failure to take one
of these actions within one year may result in loss of eligibility
under CSPA for the child.