Family Reunification Through the ‘Child Status Protection Act’

The ‘Child Status Protection Act’ may allow a person to immigrate to the U.S. as a ‘child’ even though they are over the age of 21. It is complex and confusing, but for one RMZD client, she is thrilled she fought for her son’s eligibility.

Cases involving the “Child Status Protection Act” (CSPA) can be challenging. Very Challenging! Just ask “Imelda,” a Reeves Miller Zhang & Diza (RMZD) client whose case was recently approved after significant resistance from the U.S. Embassy in Manila. Please note that we are referring to our client as “Imelda” to protect her privacy.

Imelda had waited years to be reunited with her son in the U.S.  Her immigration case began way back in 2007 when a prospective employer filed a petition for her as a Registered Nurse.  The petition was approved, but due to the large number of Filipinos also trying to get their green cards, Imelda was not granted permanent resident status until 2014.  Imelda was obviously thrilled to have received her green card, but being the dedicated mother she is, her thoughts immediately turned to her son, who we will refer to as “Jonathan” to protect his privacy.  Would Jonathan still be eligible since he was already over 21-years-old?

Imelda reached out to RMZD for assistance and Attorney Devin Connolly conducted the initial consultation.  Attorney Connolly told Imelda that Jonathan could still be protected by the CSPA, which would allow him to immediately enter the U.S. as Imelda’s derivative.  However, Attorney Connolly knew it would not be easy.  Attorney Connolly told Imelda that immediate action was necessary!  He explained that due to the requirements of the Immigration and Nationality Act and the CSPA, Imelda only had a few days left to perform certain required actions.  And her failure to do so would mean that Jonathan would not be protected by the CSPA.

With no time to delay, Attorney Connolly immediately started working on Imelda’s and Jonathan’s case.  He made sure that all necessary forms were timely filed so that Jonathan was indeed protected by the CSPA.  This included Attorney Connolly preparing a legal brief explaining why Jonathan was protected by the CSPA and eligible to immigrate to the U.S. despite, by this time, being well over the age of 21.

The U.S. Embassy in Manila was not initially willing to issue Jonathan his Immigrant Visa due to his age.  But, after a detailed legal explanation of Jonathan’s eligibility, Attorney Connolly is proud to say that Jonathan is now a permanent resident of the U.S.  It took longer than anybody would have liked due to the case’s complexity, but the important thing is that Jonathan now has his green card! Next for Jonathan, U.S. citizenship in 5 years.  And RMZD will be happy to assist him with that as well.

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