CSPA

[SHAJAL 0]

Hi all, my name is Shajal. This is my first post. Sorry, if I’ve misplaced the topics. I am desperately looking for some honest answer regarding the above topics. I’ve downloaded and printed bunch of paper from the net about CSPA. And it just makes me more and more confuse.

I believe CSPA applied for both:

1. US Citizen (or who become US citizen in the process) and

2. Permanent Resident (Green card holder)

Under the circumstances bellow- is CSPA applied to my sister?

Facts: My mom is a permanent resident since 2006 living in Los Angeles, CA. She filled I-130 (2A Category) (Unmarried child under 21 of Permanent Resident) for my sister who is living in Bangladesh. But she is age-out due to the lengthy process of USCIS. Bellow is the detail:

Her (Principle Applicant) Date of Birth: September 1988

Filed I-130 on February 27, 2006 (Priority Date) – (She is 17y, 5m)

USCIS Receipt date: March 3rd, 2006

After 3 years and 1 month-

USCIS approved her case on: March 27th, 2009 – (She is now 20y 6m)

After 9 months-

NVC visa became available on: January 1st, 2010 – (She is now 21y 4m)

Received notice from NVC on Jan 8th, 2010, requesting 70$ for Affidavit of support fees and choice of agent)

(In the notice, NVC also informed me that, Code-“Children who pass 21 years of age after the petition was originally approved by the USCIS become ineligible to accompany or join the applicant immigrating to the United States under the original petition. In some situation, the Child Status Protection Act may allow children to remain eligible beyond 21 years of age. If you believe that the CSPA applied to this case, please send a detail explanation to the NVC. We will forward it to the U.S. Embassy for a decision”).

According to my calculation (By using the formula), even though she (My sister) is over 21 years of age now, under CSPA law- she is now just little over 18 years old.

Please help me. My main concern/ drought / question: Is CSPA applied for my sister since my mother is just a permanent resident (Not US citizen yet)? If she is, how should i write the "Detail Explanation" about it to the NVC?

Thanks all in advance for your valuable time and thought.