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Question:

Does CSPA apply to NACARA cases? I have a client whose NACARA application was approved on 4/15/03. However, her asylum application, filed on 1/4/90, may still be pending as we have never received a denial of it. The filing of an asylum application made her eligible for NACARA.

She has two children in El Salvador, one of whom will turn 21 in November, 2003. Because they do not live with her, they could not be included in her NACARA application. However, they were included on her I-589. Should I file I-130's for her children, or can I use the still pending asylum application on her children's behalf?

Answer by Tammy Fox-Isicoff: