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Dear Editor:
I have always enjoyed reading your weekly emails but never had any comments
but today I have a question that perhaps effects many people. Would you
please read and consider to answer it.
Recently, the Senate passed a bill titled "Child Status Protection Act"
which will allow certain aliens to be classified as children if the petition
on their behalf were filed when they were under 21 years of age. This will
entitle them to up-grade their status and to be eligible for immediate
issuance of green card in their favor. Now, I will describe below a case of an
unmarried son of a lawful permanent resident.
A petition was filed with INS on the alien's behalf by his lawful permanent
resident parent when the alien was under 21 years of age. The petition was
also approved for F2A (Family-sponsored) preference category before he
turned 21. At present, the petition is pending before National Visa Center
(Department of State), and the alien has been waiting for his immigrant visa
number. But now, his F2A preference status has been converted to F2B
category due to age out by his attainment of 21 while awaiting for the
immigrant visa number.
Now, I would like to know as to whether or not the above-detailed alien of
F2B preference category shall continue to be classified as a child in
accordance with the recently passed bill. For your reference, I mention
below the bill. I think the above case seems to be related to Section 3 of
this bill, but I can't understand Section 3 clearly. So, I am not sure if
the Section 3 will include the above-detailed alien also and he will
continue to be classified as a child Would you please explain me about the
Section 3 of this bill. Awaiting eagerly for your reply.
Ever yours,  Follow @ilwcom Share this page | Bookmark this page The leading immigration law publisher - over 50000 pages of free information!
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