有关未婚子女亲属的申请

有关未婚子女亲属的申请 By: Beth Robertie, Esq. <<儿童身份保护法案>>对未婚子女亲属的申请年龄做出规定,满21岁的未婚子女不会因为移民中心的耽搁而不能享受亲属待遇。但对于某些国家的申请人来说，该法案比较复杂。以下为相关信息： The Child Status Protection Act (CSPA) was designed to lock in an age for dependent children, so that unmarried children who would otherwise be eligible for dependent benefits until they are 21 years old are not prevented from qualifying for these benefits because they “age out” due to Service center delays. In other words, in certain circumstances the CSPA operates to treat a child as if they are eligible for dependent benefits for immigration purposes even if they are older than 21. However, in the case of employment-based immigrant visa applicants whose countries are currently retrogressed, the operation of this law is somewhat complicated. Although an alien beneficiary may hold an approved labor certification application and an approved I-140 petition, their child’s age is not locked in until their priority date is current, when they can file their I-485. Consequently, if a child is 18 at the time of the I-140 petition approval, but 23 at the time that the parent’s priority date becomes current, it is likely that they will age out. Under CSPA, the child’s age at the time that the priority date becomes current is reduced by the amount of time that the I-140 was pending with USCIS. However, this often provides limited relief. The current combination of faster I-140 processing times and extensive delays due toe retrogression, therefore, often deprives the unmarried child of an alien beneficiary the opportunity to take advantage of their dependent status. All too often, the children of green card applicants age out. The bottom line is it is best for the parents of dependent children to start their green card cases as early as possible. It is all but impossible to predict the movement of priority dates, and the best way to minimize the risk is to get your applications started early. 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]