What is the relationship between immigration and children's age?

For families planning to emigrate, there is a big reason for their children's future education and development. In fact, in the application for immigration, the age of the child is also a major consideration. Different ages will make the immigration application a little different. Let me give you a brief introduction.

I age-related issues 18

Stepparents and stepchildren

According to the provisions of ina101(b) (1) (b), if an unmarried stepchild under 2 1 year old is to be regarded as an "accessory" in the legal sense of immigration, the following additional conditions must be met: his stepfather (mother) has not met his biological father (mother). It is worth noting that, as the beneficiary of derivative products, the application for immigration of stepchildren still needs to meet the above-mentioned unmarried conditions of 2 1 year.

In addition, the duration of marriage is an important factor in the relationship between stepparents and stepchildren. If the stepfather (mother) has not been married to the biological father (mother) for more than 2 years when submitting the immigration application for the stepson (daughter), then the stepson (daughter) will get a conditional green card for 2 years. You can request to cancel the permanent residence condition by submitting the form I-75 1, but it should be noted that the form I-75 1 should be submitted within 90 days before the expiration of the conditional green card.

Second, 2 1 year-old related issues

Generally speaking, if children want to get a green card with their parents, they must meet the definition of "derivative applicant". When obtaining a green card, the dependent child must be under 2 1 year old and unmarried. If the beneficiary's children are over 265,438+0 years old before the green card is issued, the immigration law does not consider them as "dependent children", which is commonly called "agingout". Many immigrant families will be troubled by the problem of over-age. If the child is too old to accompany the immigrants, it may mean that the relatives will be separated for a long time. Fortunately, the Child Identity Protection Act (CSPA) has alleviated this problem to some extent.

The Law on the Protection of Children's Identity came into effect on August 6, 2002, aiming at protecting the interests of some immigrant applicants who have been delayed by the government for too long. In some cases, even if he is over 2 1 year old, the law still recognizes him as the definition of "dependentchild" in the immigration law. Specifically, the bill distinguishes between two situations: (1)2 1 beneficiaries under the age of 0 apply for a green card as citizens' children. As long as such beneficiaries are under 2 1 when their parents submit their immigration applications, their age will be locked within 2 1 without waiting for the schedule; If parents with green cards submit immigration applications for their children, and the parents successfully naturalize in the United States before the children reach 2 1 year old, the age of the children will be locked by the parents on the naturalization date. (2)CSPA gives a formula to calculate the age of children under the category of relatives or professional immigrants with quota restrictions. Specifically, first look at the age at which the visa is scheduled to reach the children (if there is an immigrant visa before the immigration application is approved, look at the age of the woman on the day when the application is approved), and then subtract the time taken by the Immigration Bureau to process the immigration application, and the figure obtained is the billing age. This provision in the bill is to ensure that immigrant applicants are not affected by the time for hearing immigration applications. Generally speaking, the time for the Immigration Bureau to process immigration applications is from the date of receiving the notice to the date of approval. Finally, if the calculation result of the formula shows that the child is below 2 1 year old, even if the child is over 2 1 year old in reality, it can be regarded as a "child" in the sense of immigration law.

CSPA also stipulates the applicable conditions: (1) The beneficiary's request or approved visa application occurred on or after August 6, 2002; (2) Before August 6, 2002, the Immigration Bureau had not made a final decision on the application for adjustment of status or immigrant visa; (3) The applicant must seek to obtain a green card ("seektoacquire") within one year after the scheduled date of the green card. The following situations are regarded as seeking to obtain ("Seektoacquaire"): (1) Submit the I-824 form to apply for processing the approved application or request; Or (2) submit an I-485 form for children, apply for a green card or adjust their identity; Or (3) submit DS-230 form to apply for immigrant visa or foreigner registration in the State Council, USA.

In addition to the above aspects, CSPA also gives specific beneficiaries the opportunity to "opt out", but only to a certain extent. If the parents of the green card holder submit the I- 130 form for the unmarried beneficiary's children aged 2/kloc-0, and then the parents naturalize in the United States, the beneficiary's children can choose to keep the second priority instead of automatically converting it into the first priority, which is beneficial when the waiting time of the second priority is shorter than the first priority.