Urgent problem! About the conditions and restrictions of my immigrant visa

In the Child Identity Protection Act /CSPA of the United States, the children of immigrant visa applicants must be 2 1 year old or younger to enjoy visa rights with their parents. However, due to the existing visa queue and other factors, many children may be over 265,438+0 years old and cannot apply for visas when the timetable arrives. For this problem, CSPA has implemented some measures to reduce the occurrence of the problem. For family-based and employment-based applications, the age of the applicant's children is "frozen during the processing of the application by USSIS". That is, lock the child's age on the first day of the first month when the visa is scheduled to its priority date, and then subtract the time from the submission of the application to the approval, and then decide whether it exceeds 2 1 year. However, the freezing time is only for USCIS to review the application, not for scheduling. In addition, these procedures can only be carried out within one year after the expiration of their visa schedule. Here are some examples:

Adam submitted a family-based immigration application (I- 130) for his younger brother Bob in March of 0199, when Bob's son Charles was just 12 years old. Its I- 130 was approved on May 6, 2005. His visa was arranged on 7/012013, when Charles was 26 years old and 4 months old. According to CSPA, 6 years and 4 months (the time between 3/0 1/99 and 5/0 1/05) will be subtracted from his age, and the result is 20 years and 2 months, so Charlie still meets the conditions below 2 1. He can still apply for a visa as long as he goes through the relevant formalities within one year before the scheduled expiration.

On the other hand, if Charles's visa is scheduled to be 7/012014, and he is 27 years old and 4 months old when it expires, then after deducting the freezing time, his age is still over 2 1 and his status cannot be adjusted.

The same rules apply to employment-based applications (I- 140). If the applicant Bob's company (or Bob applied for NIW Outstanding Research) applied for I-11/99, Bob's son Charles happened to be 12 years and 8 months. I- 140 was approved on101/in 2002, but the visa was arranged to11/. Charles was 24 years and 8 months old when it expired. Because the trial time of I- 140 took two years, 1 1 month (11/01/99-12002), this time can be deducted.

The calculation method of CSPA is complicated, so we suggest that the applicant consult the relevant immigration lawyer.