有關未婚子女親屬的申請

有關未婚子女親屬的申請 By: Beth Robertie, Esq. <<兒童身份保護法案>>對未婚子女親屬的申請年齡做出規定,滿21歲的未婚子女不會因為移民中心的耽擱而不能享受親屬待遇。但對於某些國家的申請人來說，該法案比較複雜。以下為相關信息： 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. 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 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]