Legal Question in Immigration Law in California

The age of child under immigration law is under 21 years old. However, if your son is qualified under Child Status Protection Act (CSPA) and his CSPA age is under 21, he might be able to get the green card as derivative.

In order to calculate your son's CSPA age, we need the I-130 filing date, I-130 approval date, and your son's DOB.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net or contact us via [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

The Child Status Protection Act allows those over 21 to qualify for permanent residence anyway even thought they're not technically derivative family any longer when the CIS processing time is slow. This does not have to do with quota delays, but processing time delays. If the petition was not pending before approval for a long time, it's unlikely that CSPA will help him, but it might. If it does, then he'll be able to adjust status along with you. If he doesn't then he will likely need to stay in school as an F-1 and remain single until such time as you could immigrate him or he qualifies otherwise for (H-1 or other nonimmigrant status and) permanent residence on his own through employment or other family relationship.

For further information concerning this matter, feel free to contact me directly at 818 609 1953 or [email protected]. Check me out online at http://www.yardum-hunter.com. The above is for your information and doesn't create an attorney client relationship.

Sincerely,