Children aged out

[Xiuchangli 0]

I am a citizen and pettition my sister on 08-2004. She has a son who will turn 21 in 6 months. Any advice to help keep the son in the process with her mom. Thank you!

[NancyNguyen 1,658]

When was I-130 approved?

[Xiuchangli 0]

Approved day is 08-02-2009

[NancyNguyen 1,658]

No need to worry, your nephew will be covered by cspa.

Your sister family visa numbers will be available within next 2 years. Your nephew will be 23 I suppose. But you were waiting almost 5 years for I-130 approval, so 23 - 5 = approx. 18 - 19 so he will follow your sister.

[Xiuchangli 0]

Thanks for the reply. Hopefully things go the way like you said.

[Xiuchangli 0]

Hi, can you also tell me in what time and what should I do to let my nephew under cover of the children protection law ?

[NancyNguyen 1,658]

Hi, can you also tell me in what time and what should I do to let my nephew under cover of the children protection law ?

Interview officer will determine his age at interview. Your nephew needs to argue if they decide he is aged out.

[Xiuchangli 0]

Hi, do I need to file any form before the interview so that the interviewer officer understands my nephew is under child protection law. It's hard for my nephew to argue since he doesn't understand English well. Please give me some advice! Ths!

[NancyNguyen 1,658]

Hi, do I need to file any form before the interview so that the interviewer officer understands my nephew is under child protection law. It's hard for my nephew to argue since he doesn't understand English well. Please give me some advice! Ths!

Why not? You can type a note in English for him to take to interview like below:

Filed on xx/xx/xxxx

Approved on yy/yy/yyyy

Waiting time for approval: y-x = z years and months

Nephew age after deducting z is way less than 21 ones so CSPA is applicable to my nephew.

Don't worry to much for now, they are usually carelessly assuming "aged out" if child is too old, like 25 26. But if he is 22, 23 and approval waiting time is long , it is easy for them to figure out CSPA applicable or not.

Edited September 25, 2015 by NancyNguyen

[Xiuchangli 0]

Ths for the advice!