CSPA how it works?

[beback 0]

Good Evening to everyone! I have a friend, she petitined her mom and she is here now, she just got her 10 yr green card. She have a son who is unmarried and age 20 yrs old, her son will turn 21 yrs old next year Oct 2016. My question are: 1. Is CSPA can apply to the petition of her son? 2. How does it works? 3. Does she need a form to apply for CSPA? Please help! Thank you...

[aleful 1,905]

hi

no, because the petition takes 2 years more or less, so by the time he would have his interview, he will be over 21, so he will pass to the next category

depending on the country he is from it will take many years and he must remain unmarried while his mom is only a legal permanent resident

[beback 0]

hi

no, because the petition takes 2 years more or less, so by the time he would have his interview, he will be over 21, so he will pass to the next category

depending on the country he is from it will take many years and he must remain unmarried while his mom is only a legal permanent resident

I thought CSPA applies to unmarried under 21 yrs old and if you file it freezes the age.

[aleful 1,905]

hi

a child of a USC yes, but a child of a LPR no

there is no waiting time for a child of a US citizen so if the petition is filed under 21 the age freezes

but for children of a legal permanent resident there are 2 categories, under 21 and over 21

now if the child has all his paperwork done and the file was completed, and had been given a date for an interview or waiting for an interview, even if the child turns 21, the age would freeze

[beback 0]

What if her mom married a US Citizen, does it helps or not?

Edited December 27, 2015 by beback

[aleful 1,905]

hi

no, because the marriage had to take place before he turned 18 in order for the stepfather to petition him, he is 20, so a stepparent cannot file for him

[NigeriaorBust 4,087]

Only if the marriage took place before the child turned 18. If the mother petitions today then it take a certain time for the petition to be approved. That amount of time is subtracted from the persons real age to calculate the persons immigration age. So if I filed a petition today and it took 10 years to be approved the person I petitioned would have an immigration age 10 years younger than their real age. Exact days count in this calculation. One day too little and they are out of a child class and into an adult class.

[beback 0]

I see... Thank you so much..