CSPA applicability to neices and nephews


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Hello there!

I had a question about CSPA applicability for neices and nephews. My mother (a US citizen) had applied for getting a green card for her sister (my aunt) back in 2005 via an I-130 petition. The I-130 was approved in 2009. At this point, my aunt's kids were all under 21. Fast forward to 2017, and my aunt is still a couple of years away from getting her green card.

Once my aunt gets her green card, she would like to obtain a green card for her kids as well. My mom is wondering if my aunt's kids who are all over 21 now will qualify in the "child status" rather than "unmarried sons and daughters over 21 status" when my aunt is applying for a green card for them, because of CSPA eligibility (https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa).

Best regards,

Arnab

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