Hi screenwriting101,
Prior to the Child Status Protection Act (CSPA) of Aug. 6, 2002, a
child would "age out" and lose the preferential status of a child as
soon as he/she turned 21 even though the application had been filed at
a younger age. Not to worry, though, because now the CSPA locks the
age of the child in at the age of filing the application and it no
longer matters if an unmarried child turns 21 before the application
is finally completed.
The Child Status Protection Act
1. DERIVATIVE BENEFICIARIES OF ASYLEES AND REFUGEES
"The child of an individual granted asylee or refugee status may be
granted the same status if accompanying or following-to-join the
parent. 8 U.S.C. §§ 1157(c)(2) and 1158(b)(3). The CSPA amends the
asylum and refugee provisions by locking in the age of a child on the
date that the parent files the asylum or refugee application,
regardless of how old the child is when the asylum or refugee case is
finally completed. CSPA §§ 4 and 5. Thus, a child who is 20 when the
parent files for asylum will retain the status of a child even if the
child is 22 when the asylum application is approved. (Note 5)"
"(Note 5) Prior to the CSPA, the asylum office adjudicated some cases
nunc pro tunc to avoid the consequences of a child ageing out before
having adjusted status. The asylum office has indicated that it will
continue to make nunc pro tunc adjudications when requested even if
the individual is eligible under the CSPA..."
"(Note 7) Both CIS and DOS agree that the statute applies to a child
who ages out after August 6, 2002 , the statute?s effective date."
http://www.ailf.org/lac/lac_pa_010504.asp
CHILD STATUS PROTECTION ACT OF 2002: ALDAC #1
`(B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS CHILDREN-
"An unmarried alien who seeks to accompany, or follow to join, a
parent granted asylum under this subsection, and who was under 21
years of age on the date on which such parent applied for asylum under
this section, shall continue to be classified as a child for purposes
of this paragraph and section 209(b)(2), if the alien attained 21
years of age after such application was filed but while it was
pending.''
http://travel.state.gov/visa/laws/telegrams/telegrams_1429.html
Age Out Provisions
* Patriot Act ? Petition filed before Sept 11, 2001 ? remain
eligible for 45 days after 21st birthday.
* Child Status Protection Act ? Petition filed on or after August
6, 2002 and child under 21 at time of filing ? Remain eligible.
* Child Status Protection Act ? Petition filed and approved prior
to August 6, 2002, child under 21 at time of filing, turns 21 on or
after August 6, 2002 ? Remain eligible.
* Child Status Protection Act ? Petition approved and child turns
21 prior to August 6, 2002 but case not yet travel ready as of August
6, 2002 ? Remains eligible. (note-if travel ready before August 6,
2002 but did not pick up travel documents until after August 6, 2002
no longer eligible."
http://www.usccb.org/mrs/aor.shtml
Senate Unanimously Approves Feinstein Legislation to Protect Immigrant
Children From 'Aging Out' of Visa Eligibility
June 14, 2002
Specifically, the legislation affords age-out protection to:
*" Unmarried children of refugees and asylum seekers who were under
the age of 21 at the time their parents submitted their application
for refugee and asylum status."
http://feinstein.senate.gov/Releases02/ageout02.htm
"If you were granted derivative asylee status as the child of an
asylee and you are now over age 21 and are unmarried, you should
contact the nearest asylum office and request information on filing a
"nunc pro tunc" asylum application (using Form I-589). You may apply
for adjustment of status after you have been physically present in the
United States for a period of one year after the date you were granted
asylum status."
http://uscis.gov/graphics/services/refadjust/index.htm
How Do I Prevent My Child From Losing Benefits at Age 21 ("Aging Out")?
http://uscis.gov/graphics/howdoi/agingout.htm
I was glad to find this for you. If you have any questions, please
post a clarification request and wait for me to respond before
closing/rating my answer.
Thank you,
hummer
Google Search Terms Used: Asylee Relative child age out |
