Q & A March 7, 2004
Q & A 1
Dear Mr. Lee:
My brother, a U.S. citizen, petitioned for me under a F-4 visa.
When we received the notice from NVC in January 2001, only my wife
and my name were on it. My daughter, born on September 26, 1979,
was not on the list because she was aged out. My wife and I got
the visa approval in Guangzhou Consulate on May 16 2002. Our daughter,
however, couldn’t come to the U.S. with us.
Recently, the World Journal Newspaper said that the immigration
provisions on the CSPA had been loosened. Children who become 21
years old one year before the CSPA enactment date are eligible,
too.
Questions:
1. The enactment date of the CSPA was the date the visa notice is
received or the date the visa is granted?
2. Can my daughter benefit from the loosened CSPA?
3. If so, how and to which department can we file the application?
Zheng
Dear reader:
- 1 The enactment date of the Child Status Protection Act (CSPA)
was August 6, 2002. The CSPA is not retroactive, and the case
would have had to be existing on the date of enactment for benefits
to flow. As you and your wife obtained visa approval on May 6,
2002, it would not appear that your child would be able to obtain
any benefits under the CSPA.
- See first answer.
- See first answer. I do note that there do not exist final regulations
at this time for the CSPA and that future interpretations may
change many people's present perceptions of the workings of the
CSPA. For further information on the CSPA, please see our article
“A Critical Look at BCIS/ DOS’ Interpretations of
the CSPA” which was published in the World Journal on 7/6/03
and can still be accessed on our website, www.AlanLeeLaw.com.
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