The problem of immigrant children over 2 1 year old in the United States

The age limit of 2 1 year for children is often involved in immigration applications. Some children cannot immigrate to the United States smoothly because they are over the legal age stipulated by the US Immigration Bureau. Generally speaking, applicants who are children in immigration applications must be under 2 1 year of age before their visas under the immigration category are scheduled to arrive (or before there is an immigration visa quota). Therefore, many immigrant applicants who involve children often ask questions about their age when applying for immigration. For example, what if the immigration office is slow in approving visas and the children are over-age while waiting for approval? Or although the immigration application has been passed, can I still get a green card if my child is over age while waiting for an immigration visa?

On this issue, in 2002, former President Bush signed the Child Status Protection Act (CSPA). This bill helps to remove the obstacles caused by the speed of administrative examination and approval due to children's over-age (please note that this bill only applies to immigrant visa applications, not to non-immigrant visa applications). After the promulgation of the Act, the Immigration Bureau explained its application in several memos. The bill and its memorandum involve complex age algorithms, and their applications vary greatly in different situations. Here's a brief introduction, but the introduction can't cover most of the details of the relevant regulations and many complicated situations, so please ask the immigrants with specific questions in detail to get accurate and effective help.

Generally speaking, for relatives with quota restrictions or children of professional immigrants, the age of the scheduled arrival date of the visa (if the immigrant visa has a quota before the immigration application is approved, it depends on the age of the woman on the day when the application is approved), and then the time when the immigration office approves the immigration application is subtracted, so as to get a CSPA age. If the age of the CSPA Act thus obtained is not more than 265,438+0 years old, even if the child is actually over-aged at the scheduled arrival, it is still regarded as a child or child in the sense of immigration law. Among them, the time for the above-mentioned immigration authorities to approve immigration applications generally refers to the time elapsed from the date of receipt to the date of approval. At the same time, there is an important restriction, that is, the applicant must submit a visa application within one year after the arrival of the green card date in order to continue to obtain CSPA age protection.

In addition, CSPA and its memorandum also make detailed provisions on the age of children under other immigrant categories. In addition to the above brief introduction, these complicated provisions also provide favorable provisions for the situation before and after the passage of many bills, and some cases may even be retried. Generally speaking, in the process of immigration application, the best way to protect children's identity interests is to apply as soon as possible. When you are in danger of being over age, or your application is rejected because of your age, you should consult a lawyer as soon as possible to gain time and improve your hope of success.

The most obvious beneficiaries of this bill are those under the age of 265,438+0 who apply for green cards as children of citizens. As long as such beneficiaries are not over 265,438+0 years old when submitting their immigration applications, and their age is locked within 265,438+0 years old, there is no need to wait for the schedule, and whether the beneficiaries submit green card applications at any time after the immigration applications are approved will not be affected. However, there are some special circumstances. For example, the parents of the child submitted an immigration application for the child when they were originally green cards, and then the parents became citizens, and the application category of the child became citizen children accordingly. The age of the child is subject to the age of the parents on the date of naturalization. Another example is that when a child who originally applied for immigration as a legitimate child of a citizen changes the category of immigration application due to divorce, his age shall be subject to the age at the time of divorce.