Victims of immigrant children

I suggest you ask on a professional immigration website. /Good luck ~ ~

Law on the Protection of the Status of Children (Law on the Protection of the Status of Children)

) Introduction: On August 6, 2002, Bush signed the Law on the Protection of Children's Status. The purpose of this law is to solve the problems caused by the delay in handling cases by the Immigration Bureau. American immigration law stipulates that unmarried children under 2 1 year old are children. Due to the delay in handling cases, many children at the time of application were over 2 1 year old at the time of handling cases. In this case, these children are not eligible to immigrate to the United States and are not eligible to get a green card in the United States.

According to the Law on the Protection of Children's Identity, new provisions have been made for the following situations:

1) The age of children of American citizens should be calculated according to the age at the time of application (130);

2) Green card holders apply for their children. If the applicant later becomes an American citizen, the age of applying for children will be calculated on the date of naturalization of parents;

3) For married children of American citizens, if the children are divorced later, their age shall be counted from the date of divorce;

4) For the children of green card holders who are not naturalized, their age should be calculated from the day when the quota is available, minus the number of days waiting for the quota. For example, the day when a child reaches the quota is 2 1 year and six months, and the waiting time for the quota is 10 months. After subtracting 10 months, children can still immigrate to the United States or get a green card in the United States. However, this kind of application has one condition, that is, the child's green card application must be submitted within one year (refer to Form 485 after 130);

5) The age of children of political asylum and refugees is calculated from the age of their parents when they apply for political asylum and refugees.

How to use the Child Identity Protection Act and the American Patriot Act to maintain the identity of "children"

The Law on the Protection of Children's Identity can artificially freeze the age of children below 2 1, so that children are still eligible for permanent resident status when their parents apply for immigration. However, CSPA sometimes fails to protect children from overage. In this article, we will discuss how to combine the CSPA with the Patriot Act of the United States to keep children under 2 1.

In Article 203(h) of the Immigration and Nationality Law, Article 3 of CSPA and the State Council's telegram dated June 5438+1October 5, 2003, there are relevant provisions on the calculation method of the age of dependent children applying for priority immigration, which are summarized as follows:

"The age of the main beneficiary in the F-2A case, the priority category among lottery immigrants and the age of the accompanying beneficiary are calculated by subtracting the time for hearing the case from the age of the child when the visa takes effect (from the time when the application is submitted to the time when the application is approved). The effective date of the visa is the effective date of the priority date or the date when the application is approved, whichever is later. "

In addition, section 203 (h) requires children to seek permanent resident status within one year after the visa takes effect.

Let's take a case to illustrate that the calculation method in section 203 (h) still can't solve the problem of children's overage.

1992, American citizen A applied for immigration for his sister B in China, which belongs to the fourth priority of relative immigration. A submitted the application form I- 130 for B on May 1992, and I- 130 was approved 60 days later. However, it was not until February 2005 1 that b waited for the quota. B has a daughter C. She was 8 years old when I submitted I- 130. C was born in 1 983165438+10/month. By February 2005 1, c was 2 1 year and 3 months old, so I couldn't go to America with my mother.

In this case, only using CSPA can not protect C's immigration rights. Even if we subtract 60 days of I- 130 from 2 1 year and 3 months, c is still 2 1 year and 30 days.

But don't give up. Article 424 (2) of the USA Patriot Act states:

"If a foreigner is the beneficiary of an immigration application submitted on or before September 1 1 2006 and reaches the age of 2 1 after September12006, the foreigner can still be regarded as a child within 45 days after his 2 1 birthday."

According to Article 424 (2) of the Patriot Act, C remains a child for 45 days after the birthday of 2 1. Her 2 1 birthday was 1 65438+1October1in 2004. Therefore, C can always be a child before 65438 in 2004+February 2004 16.

If section 424(2) and section 203(h) are merged now, C will still be a child on February 1 2005. According to section 424(2), it can be considered that C is on June 65438+February 65438+June 2 1 year. On February 1 day, 2005, she had 45 days in 2 1 year, and then we had to subtract 60 days from the trial time. Therefore, on February 1 day, 2005, C was under 2 1 year. She is still eligible for an immigrant visa as an accompanying beneficiary.

This is a novel case of using Patriot Act and Child Identity Protection Act to determine the age of children. In the State Council's telegram to consular officials, it was also stipulated how to apply the Patriot Act to Article 8 of CSPA to deal with the issue of when CSPA will take effect. We extracted some relevant parts:

"The 45-day provision of the Patriot Act is also applicable to determining whether foreigners are over-age before or after August 6, 2002. According to these regulations, if a foreigner is the beneficiary of an application submitted before September 1 2006, he/she will remain a child for 45 days after his/her birthday on February12006. For example, foreigners who have reached the age of 2 1 year on August 5, 2002 and are the beneficiaries of applications submitted before September 9, 2002 are not considered to be over-age before September 9, 2002. Therefore, in this example, even if the foreigner reached the age of 265,438+0 before the entry into force of CSPA, that is, before August 6, 2002, he can still be regarded as overage after August 6, 2002. Therefore, he still applies for CSPA, regardless of whether he submitted an immigrant visa application before August 6, 2002. "

The above-mentioned the State Council directive widely applies the Patriot Act to the beneficiaries and accompanying beneficiaries of applications submitted before September 1. Some cases in the actual situation of CSPA also show that CSPA should be widely used. I hope people can effectively combine CSPA and Article 424 (2) of Patriot Act, freeze the age of their children, and let them get immigrant visas to follow their parents to the United States, so as to realize their good wishes of family reunion.