Quote:
Originally Posted by DREAMactASAP
For Mexico, 4th preference, they have been on the same date of December 8 95 for the past 3 months!! Our PD is July of 97.
I'm so close to aging out, and I don't know what to do.
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It's a bit complicated but you can read up on the
Child Status Protection Act (CSPA).
Quote:
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The ultimate question is whether you are still a `child' for immigration purposes pursuant to the Child Status Protection Act (CSPA) that was signed into law on August 6, 2002 by former President George W. Bush. The CSPA was enacted to change the process for determining whether a child has "aged out" (i.e. turned 21 years of age before being issued a visa or adjusting status) for the purpose of the issuance of visas and the adjustment of status of applicants in most immigrant categories. The CSPA helps individuals who were under the age of 21 when a visa petition was filed on their behalf or could have benefited from a petition as a derivative beneficiary, but are over the age of 21 when a visa number becomes available. Thus, it is important to look at how long the petition was pending versus the age when a visa number became available. For example, where the visa petition was pending for several years, a 22 year old individual can subtract the length of time the visa petition was pending from their current age. Thus, assuming CSPA eligible, if the petition was filed when the individual was a child (19 years old), yet the petition remained pending for 3 years, and the child is now a 22 year old adult and a visa number is available, that individual may still be considered a child for immigration purposes because the `child's status' was protected by the CSPA. There is a very specific formula that must be used to calculate an individual's age under the CSPA.
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http://immigration.lawyers.com/ask-a...sues-7545.html
A CSPA calculator can be found on this site:
http://www.visajourney.com/forums/to...cspa-may-help/