how do I get my to be 24 year old daugter to the usa

[brian_n_phuong 193]

I have a similar question about my step daughter who is now 22 I filed for her when she was 20 with her mom. Now married to her mom and she has green card. I have a document about children that was signed in 2002 which reads the following:

On August 6, 2002, the President signed into law the Child Stutus Protection Act (CSPA), Public Law 107-208,116 Stat. 927 which amends the Immigration and Nationality Act (Act) by permitting an applicant for certain benefits to retain classification as a "child" under the Act, even if he or she has reached the age of 21.

I was told by USCIS that the wait for Russia was 9 years for her mom to petition but after I called and asked my wife had friend do some digging and found this information and she has been told that I had the daughter on my original petition and I am still able to get her here.

Does anyone know the details if this is TRUE or UN-TRUE

Thanks

I think the CSPA is only applicable if her mom applied for asylum or refugee status. See the excerpt from PL 107-208, 116 Stat. 927 below:

SEC. 4. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN

DETERMINING ELIGIBILITY FOR ASYLUM.

Section 208(b)(3) of the Immigration and Nationality Act (8cU.S.C. 1158(b)(3)) is amended to read as follows:

''(3) TREATMENT OF SPOUSE AND CHILDREN.—''(A) IN GENERAL.—A spouse or child (as defined in

section 101(b)(1) (A), (B), ©, (D), or (E)) of an alien who is granted asylum under this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien.

''(B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS CHILDREN.—An unmarried alien who seeks to accompany, or follow to join, a parent granted asylum under this subsection, and who was under 21 years of age on the date on which such parent applied for asylum under this section, shall continue to be classified as a child for purposes of this paragraph and section 209(b)(3), if the alien attained 21 years of age after

Edited February 19, 2012 by brian_n_phuong

[Richie Rich 70]

Was wondering if there was a reliable illegal way because I have tried everything I could think of the legal way .

DONT EVEN THINK ABOUT IT :bonk: We have enough illegals here . Dont compound the problem .Your daughter is old enough to fend for herself in the philippines . Or just wait for her time .

[aaron2020 11,651]

I have a similar question about my step daughter who is now 22 I filed for her when she was 20 with her mom. Now married to her mom and she has green card. I have a document about children that was signed in 2002 which reads the following:

On August 6, 2002, the President signed into law the Child Stutus Protection Act (CSPA), Public Law 107-208,116 Stat. 927 which amends the Immigration and Nationality Act (Act) by permitting an applicant for certain benefits to retain classification as a "child" under the Act, even if he or she has reached the age of 21.

I was told by USCIS that the wait for Russia was 9 years for her mom to petition but after I called and asked my wife had friend do some digging and found this information and she has been told that I had the daughter on my original petition and I am still able to get her here.

Does anyone know the details if this is TRUE or UN-TRUE

Thanks

UN-TRUE.

How did you "file" for your step-daughter when she was 20? You can only file an I-130 for her if you married her mother before your step-daughter's 18th birthday. Did her LPR mother file for her? It makes a huge difference if you or her mother filed for her.

If you filed a K-1 for your wife, your stepdaughter could have received a K-2 because she was under 21. However, the K-2 route is now closed to her since it has been more than a year since the K-1 was issued and your stepdaughter is no longer under 21.

CSPA is complex. It's applied differently based on 1) whether the petitioner is a US citizen or an LPR, 2) the child's age when a valid petition was filed, 3) how long it takes USCIS to approve the I-130, and 4) how long it takes for a visa number to become available. Additionally, it does not apply in K-1 cases.

Edited February 19, 2012 by aaron2020

[aaron2020 11,651]

I think the CSPA is only applicable if her mom applied for asylum or refugee status. See the excerpt from PL 107-208, 116 Stat. 927 below:

SEC. 4. USE OF AGE ON PARENT'S APPLICATION FILING DATE IN

DETERMINING ELIGIBILITY FOR ASYLUM.

Section 208(b)(3) of the Immigration and Nationality Act (8cU.S.C. 1158(b)(3)) is amended to read as follows:

''(3) TREATMENT OF SPOUSE AND CHILDREN.—''(A) IN GENERAL.—A spouse or child (as defined in

section 101(b)(1) (A), (B), ©, (D), or (E)) of an alien who is granted asylum under this subsection may, if not otherwise eligible for asylum under this section, be granted the same status as the alien if accompanying, or following to join, such alien.

''(B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS CHILDREN.—An unmarried alien who seeks to accompany, or follow to join, a parent granted asylum under this subsection, and who was under 21 years of age on the date on which such parent applied for asylum under this section, shall continue to be classified as a child for purposes of this paragraph and section 209(b)(3), if the alien attained 21 years of age after

This is incorrect. CSPA applies to family based immigration and employment based immigration.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD

[brian_n_phuong 193]

This is incorrect. CSPA applies to family based immigration and employment based immigration.

http://www.uscis.gov...000082ca60aRCRD

Really? Then what does this mean (per your reference)?

"Refugee and Asylee Protections

CSPA provides protections for refugee and asylee children who aged out on or after August 6, 2002. The child must remain unmarried to benefit from CSPA protection. "

I never said that the reference he quoted was applicable to his situation, I only stated that the reference he quoted was a change to the CSPA Refugee/Asylee age restrictions.

Edited February 19, 2012 by brian_n_phuong

[Bob_Larisa 0]

I have read the document but I am not sure about it. I Want some help here because of the long list of law it is easy to get lost. I petitioned for her mother and her August 2010 and she turned 21 in January which was the 5 month mark of our papers. Just before my wife's interview.

Thanks

Sorry this is new stuff for me. That is why I am asking for help.

Why don't you read up on why the law was put in place and then come back and tell us if it applies to your situation;

The Child Status Protection Act (CSPA), Pub. L. 107-208 (Aug. 6, 2002), was enacted to provide relief to children who "age-out" as a result of delays by the Citizenship and Immigration Services (CIS) in processing visa petitions and asylum and refugee applications. The Immigration and Nationality Act (INA) defines a "child" as an unmarried individual under 21 years of age. 8 U.S.C. § 1101(b)(1). The CSPA does not change this definition, but instead changes the point at which the child's age is calculated.

Prior to the CSPA, an application for permanent residency as a direct or derivative beneficiary child would be approved only if adjudicated prior to the child turning 21.3 Upon turning 21, a child would "age out" and lose the preferential status of a child. As the result of agency backlogs and delays, many children aged out before their cases were complete. For cases to which it pertains, the CSPA now locks in the age of the child at an earlier date in the process, and in this way will preserve the status of "child" for many individuals who otherwise would age out.

1 Copyright

[Darnell 8,478]

opps brian seem to be making alot of mistakes lately by the way the age of the daughter is 22 not 24 i guess i have alot on my mind . anyway again very sorry for saying those things last night guys i was just a bit over whelmed after learning about the student visa .

There's a lot to be said for holding a valid New Zealand Passport, btw

One of the less painful ways to get it? Sit for a Masters Degree Program in New Zealand for two years.

[brian_n_phuong 193]

I have read the document but I am not sure about it. I Want some help here because of the long list of law it is easy to get lost. I petitioned for her mother and her August 2010 and she turned 21 in January which was the 5 month mark of our papers. Just before my wife's interview.

Thanks

Sorry this is new stuff for me. That is why I am asking for help.

Your best course of action is to consult with an immigration attorney. You need accurate information for a complicated situation. Soliciting legal advice from wannabee "expert" attorney's (including myself) who are not licensed nor accountable could just send you down the wrong road. Best of Luck

[LIFE'SJOURNEY 970]

I have read the document but I am not sure about it. I Want some help here because of the long list of law it is easy to get lost. I petitioned for her mother and her August 2010 and she turned 21 in January which was the 5 month mark of our papers. Just before my wife's interview.

Thanks

Sorry this is new stuff for me. That is why I am asking for help.

CSPA does not apply to your case, see aaron pot above;

How did you "file" for your step-daughter when she was 20? You can only file an I-130 for her if you married her mother before your step-daughter's 18th birthday. Did her LPR mother file for her? It makes a huge difference if you or her mother filed for her.

If you filed a K-1 for your wife, your stepdaughter could have received a K-2 because she was under 21. However, the K-2 route is now closed to her since it has been more than a year since the K-1 was issued and your stepdaughter is no longer under 21.

CSPA is complex. It's applied differently based on 1) whether the petitioner is a US citizen or an LPR, 2) the child's age when a valid petition was filed, 3) how long it takes USCIS to approve the I-130, and 4) how long it takes for a visa number to become available. Additionally, it does not apply in K-1 cases.

[Darnell 8,478]

I have a similar question about my step daughter who is now 22 I filed for her when she was 20 with her mom. Now married to her mom and she has green card. I have a document about children that was signed in 2002 which reads the following:

On August 6, 2002, the President signed into law the Child Stutus Protection Act (CSPA), Public Law 107-208,116 Stat. 927 which amends the Immigration and Nationality Act (Act) by permitting an applicant for certain benefits to retain classification as a "child" under the Act, even if he or she has reached the age of 21.

I was told by USCIS that the wait for Russia was 9 years for her mom to petition but after I called and asked my wife had friend do some digging and found this information and she has been told that I had the daughter on my original petition and I am still able to get her here.

Does anyone know the details if this is TRUE or UN-TRUE

Thanks

there was a window of 1 year to handle the K-2, or K-2 follow to join, starting from the date yer lass got the k-1 visa stamp at the IV unit. I dunno - that one year window SEEMS ENOUGH to 'get er done' - can explain what happened, then ?

[brian_n_phuong 193]

Get we now get this thread BACK on topic??

Bob_Larisa: Please start a new thread in the appropriate forum for this.

Edited February 19, 2012 by brian_n_phuong

[himher 634]

<grin> It is true that Marines are found in many places / rarely bother or need to get a passport or visa to be there.

Unfortunately marine activity is forbidden on US soil / gotta stand down on this one.

Your wife will be needing to work on finding a nice husband for her daughter after which, if they hit it off, she can come right over.

what can I tell you marines have the lowest morals BUT THEY GET THINGS DONE

[keysjangle 145]

It also seems unwise to suggest she just marries a USC just to get to the States

[himher 634]

Your interpretation of that post was about as appropriate as it would be for me to suggest that a canadian would marry a USC just for the opportunity of living in Hawaii.

It also seems unwise to suggest she just marries a USC just to get to the States

[JimVaPhuong 4,863]

I have read the document but I am not sure about it. I Want some help here because of the long list of law it is easy to get lost. I petitioned for her mother and her August 2010 and she turned 21 in January which was the 5 month mark of our papers. Just before my wife's interview.

Thanks

Sorry this is new stuff for me. That is why I am asking for help.

CSPA only applies to immigrant visa petitions. You haven't filed an immigrant visa petition yet. You filed a non-immigrant visa petition for her mother. You married her mother after she turned 18 so you don't have a petitionable relationship with your step-daughter. You can't file an immigrant visa petition for her.

Your step-daughter was eligible, at one time, for a K2 derivative visa. Since the CSPA doesn't apply to K visas, there's a separate set of rules for determining whether a K2 applicant has aged out. First, a K2 visa can only be issued at the same time, or within one year after the time the K1 is issued. A K2 can't be issued before the K1 is issued, not even to avoid the child aging out. Second, a K2 can only be issued to a child of the K1 beneficiary if the child is under 21 years old. Third, a K2 child must enter the United States before their 21st birthday in order to retain eligibility to adjust status and get a green card. Your step-daughter aged out before your wife ever got her K1 visa.

Your wife is now a permanent resident, and she can submit an immigrant visa petition for her daughter. The visa category is F2B - an adult unmarried son or daughter of a permanent resident. The wait for her priority date to become current will be over 8 years, based on the current visa bulletin. If your wife becomes a US citizen in the meantime then she can upgrade the petition to F1, and knock a little over a year off the waiting time.