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Posted

Hi all, I am a new member here and my name is Jin and hoping if someone can point me to the right direction about the CSPA. My issue is I am currently on adjustment of status and waiting for my Green card visa to be current. When my mom got her green card back in February 2006, at that time I was 21 years of age. I was afraid to go with her to the interview and did not know that I was protected with the CSPA. A month after my mom got her green card, she filed me a greencard petition. Recently I just learned about the CSPA and was wondering if I can follow up or apply base on the CSPA so I can get my Green Card ASAP. I know it has already been 6 years apart that I did not follow up the CSPA and I am wondering if I am still eligible. Any help or suggestion would be appriciated.

Thank you in advance

Regards

Jin

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Sorry Jin. CSPA gives you only one year of protection - one year to claim a benefit after your mom's Priority Date became current. That one year expired in 2007.

This is correct. You have to "seek to acquire" the visa within one year of the priority date becoming current in order to lock in your age for CSPA protection. You didn't do that when you were eligible, and you can't do it retroactively. You've got a couple more years to wait before your priority date becomes current, unless you're from Mexico or the Philippines. Don't get married in the meantime.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

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