CPSA

[immigrationhelp97]

Hi,

 

I am on H1B right now and my priority date is June 2011. But right now the category for EB3 is in 2003 still and my daughter is 16 years of age. She is will soon be 21 and not qualify for a greencard under me. And I was wondering if I can apply for a CPSA right now for her. Or do I have to wait till she turns 21 to submit the form? Please help me. 

 

Thanks

[t75]

You apply at the time your priority date is current. You can do nothing to freeze her time.

 

She will likely be old enough to get her own H1B visa and also apply for family visa.

[catx]

There is some confusion in your post ... there is no such thing as "applying for a CSPA".  You are referring to the "Child Status Protection Act", which is an immigration law (not a form) that provides for some (limited) protections for children while a parent is waiting for their priority date to become current.

 

Based on your post, the (only) benefit the CSPA provides is adding the time your I-140 petition was in process by the USCIS (between filing receipt and approval) to your daughter's age before she 'ages out', and she is no longer able to file a derivate I-485 adjustment of status application with yours once your priority date is current.

 

I know this situation all too well, which I will use as an example to explain the CSPA.  My I-140 petition took ~7 months for approval.  My son turned 21 in February 2012.  Adding the 7 months for my I-140 petition approval to his age, he 'aged out' in October 2012, and was no longer considered my dependent for immigration purposes.  In August of this year (2013) my priority date became current and I was able to file my I-485 adjustment of status application, and my wife and daughter were able to file their derivative I-485 adjustment of status applications.  However, as my son 'aged out' 10 months earlier, he could not file a derivate I-485 adjustment of status application.  So while myself, my wife, and my daughter will have our permanent residency (green cards), my son is on his own with his F-1 visa and can only get permanent residency (green card) on his own.  In other words, even though has been in the U.S. with valid status for a number of years he has 'aged-out' and is no longer in the immigration line.

 

For your daughter, under the current immigration laws including the CSPA, if your priority date does not become current in the next 5 years + the time for your I-140 petition, then she will 'age-out' and be unable to file for derivative permanent residency (green card) with you.  Bottom line, your hopes are that your priority date becomes current before she 'ages-out' in 5+ years and/or there is a change to the immigration laws.  (There is no form or anything else you can file under the currenht immigration laws including the CSPA to change the situation.)