? about petition for child turning 21 in 6 mos

[mollyandstephen 0]

My mother-in-law just arrived on a CR-1 last week. She wants to apply to bring her daughter to the U.S. The daughter will turn 21 in April 2011. I have read all the confusing information about CSPA. I am wondering how it really works. Does my SIL have to get all the way through the process and have her visa before she turns 21 (not likely, I know) in order to avoid falling into CSPA?

Would CSPA allow her to continue to be considered a child and be able to come within the current five month timeframe or would she go into the category for children over 21 but keep her priority date? That would mean she would be waiting another five years. This CSPA stuff is clear as mud.

Thanks for any help!

Molly

[Darnell 8,479]

for CR-1 visa holders (foreign spouse)

if

the marriage took place prior to child's 18th birthday,

then USCitizen Spouse can file I-130, for CR-2 visa.

The priority date 'starts' when the I-130 petition for the CR-2 is filed,

so if no petition is filed, there is no 'priority date'.

if the marriage did, indeed, take place prior to the child's 18th birthday,

then when filing the I-130 for the child,

is possible to get an expedite, request expedite in coverletter with initial I-130 submittal.

Good Luck ! 'Age-Out' issues suck, a lot.

Edited October 12, 2010 by Darnell

[mollyandstephen 0]

I'm sorry. I meant to type that my MIL came on a IR-1 visa. My husband who is a U.S. citizen petitioned for her.

What I've read about CSPA is so confusing.

[NigeriaorBust 4,087]

Hopefully the daugher is single. LPR's can only apply for single children , catagory 2b single over 21 are currently being processed from 05 , think that children ( under 21 ) are from early 2010 . CPSA starts when the petition is approved. So hopefully you can slip in to the under 21 but she MUST stay single.

[sacarabi 0]

hi, i was also a victim of this CSPA madness. i am already 24 and i have just arrived in the us with an approved f2a visa. i was already 24 when i had my interview and thank God I still qualified. Due to desperation, I came across something really cool. There is an automatic CSPA calculator on the internet you could download wherein you will just enter some important dates and it will compute the CSPA AGE for you. Mine was 20 years 11 months. Very very close to getting denied! But at least I still caught up a month early! Good luck!

[sacarabi 0]

haven't found the original CSPA calculator I used, but try this one:

http://www.viet.ws/CSPA.html

Good luck! )