Child Status Protection ACT & Legal Dreamers Aging Out

With unpredictable priority date movements and lack of forward movement in Final Action Dates for green card applicants from India and China, we are often asked how the backlog will impact dependent children in nonimmigrant status born outside the U.S. In this video, attorneys Rahul Reddy and Emily Neumann discuss the Child Status Protection Act and who may benefit from it to avoid their children “aging out.” Topics of consideration include the interplay between CSPA and Filing Dates Chart, when is the child’s age frozen, how to calculate the child’s CSPA age, what to do if the child is at risk of aging out.
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The information provided on Facebook or KZbin should not be construed as legal advice for your specific situation. Nor does it constitute an engagement with Rahul Reddy, Emily Neumann, or REDDY & NEUMANN, P.C., or establish an attorney-client relationship. For specific advice on your situation, please contact an attorney immediately.
#Child #Nonimmigrant #CSPA #immigration #RahulReddy #EmilyNeumann #USAttorney

[@ruchic183]

Wow, out of 10-15 videos watched on you tube this is the only video that explained CSPA well. Thank you so much.

[@aanaa7326]

Fantastic! All the important questions were answered clearly! Well done! But, I've a question, In the example, you said a person is 21 yrs and 6 months, the PD becomes current, I140 approved after pending for 8 months, I485 pending, then the CSPA age is 20 yrs and 10 months, so the person/child's age is locked. But the person is already aged out 6 months back when the PD was not current, What status had he/she been until (which is 6 months in this case) the PD became current? F1 or B1/B2?

[@Njyddvc]

hi Rahul & Emily, I am a regular on your KZbin channel, and watch all you videos. Love it. I am in EB-2 with PD of Apr-2012. 2 questions. 1- I changed jobs and filed for PERM in July-2021. What is the chance of getting PERM audited? 2- My daughter will “aged out” if we don’t file AOS by November 2022. What is the chance of EB-2 final action progressing to end of April-2012 by next year?

[@angelic710]

You explained in detail about what how aging out can be handled for future cases. What about the current new applications where a child is stuck because of aging out? How will USCIS handle the current backlog of aging out cases? Will this executive order help them in anyway?

[@prncesg4884]

same question

[@julievarghese6221]

My son date of birth is 1 June 1999, and our priority date is 19 th March 2007 , will he protected under CSPA. Now he is 21 year 7 months old, when I have to apply for change of status. I didn't get the green card yet under EB 3 application. I got I - 140 approved after 6 months. (Sep 2007). guide me.

[@newsnetworkz]

Your priority date is current under FINAL ACTION DATE.

[@nitinkulkarni7942]

Oh man why didnt you apply for COS. He may have aged out. Talk to your lawyer asap. And I mean asap.

[@rahulreddy2409]

Is your priority date March 2007? there seems to be some confusion.

[@jigishapatel6022]

Hi sir ek que tha my aunt file a f4 category file in 2007 for my mom and in it i am child And meri age 23 hai to kya me abhi bhi ja sakti hu file me and cspa age calculate karne k liye konsi konsi dates chahiye mere ko confusion hai approval date and notice date same hoti hai kya

[@hinakhalid6570]

Nai approval date aur notice date same nai hoti

[@annaliu7379]

Is CSPA apply to F4 (children)

[@uzairahmed6861]

Does it apply on i-130 f3

[@jayashankardm]

Thank you very much for detailed explanation. My Daughter will turn 21 on May 2025 and my H1 , EB3 Priority date is Aug 2014 and I have got the receipt for adjustment of status. I see very huge chance of aging out so I am planning to take a intra comany Job in Canada plant for 1 year in Managerial position and come back after 1 year in L1A then Upgrade my I-140 in L1A will this be ok?

[@vduggir]

Great information for parents with children who may age out in 2 to 4 years from now. BUT what if we filed i485 using filing chart and kid age out? Since there is no "LAW" saying USCIS should use final action charts and it is just a policy manual, there is possibility for litigation. Please discuss this aspect in a video. PLEASE. There are few children in this situation and need help. It is very unfair for the kid who waited for 12 years and then aged out even after filing 485 just because USCIS policy manual is saying use "filing charts". How different this kid is from a so called "dreamer"? The big mistake he did is he was born to a stupid parent who go by books, law abiding and tax paying.

[@sivabandaru398]

Hi, My daughter's date of birth is May 9th 2001. Now she is in university doing her undergrad. Until When is she eligble to be an H4 dependent. When she turns 21 or her 21st birthday? (would it be May 2021 or May 2022). When should we start the processing of application for change of status to F1? Thank you

[@bipinkarunakaran9766]

My son is in the same boat with DOB in July 2001. We applied change of status to F1 in March 2020, which got approved in November. Your daughter's H4 status will expire in May 2022. From personal experience, I'd recommend filing I 539 to convert your daughter' status to F1 right away.

[@sivabandaru398]

@@bipinkarunakaran9766 thank you

[@SrinivasaRao1972]

@@bipinkarunakaran9766 sir can i talk to you for few minutes , i need to apply for change of status for my daughter

[@bipinkarunakaran9766]

@@SrinivasaRao1972, sure, send me your email id, I can give you my contact #