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. This protection may allow a person to immediately immigrate to the U.S. instead of having to wait several additional years to be granted permanent resident status.
Mariequinn was granted permanent resident status in 2014 based on her employment as a Registered Nurse. She was thrilled to finally receive her green card . . . but she was not satisfied yet. She still dreamed of the day that her children would be able to join her in the United States.
Mariequinn retained Reeves Miller Zhang & Diza to assist her in her quest for family reunification. She was assisted by Attorney Devin Connolly, a Vice-President of RMZD. Attorney Connolly immediately recognized a potential issue in Mariequinn’s case – would her eldest son “age out?”
The term “age out” refers to a child turning 21-years-old and becoming ineligible to immigrate to the U.S. with their parent since they are no longer a “child.” The difference between being considered a “child” and “ageing out” could be years of separation, heartache, and longing to be reunited with your family.
Fortunately for Mariequinn, Attorney Connolly explained to her that there was a way to guarantee that her eldest son would continue to be considered a “child” even after turning the age of 21. Attorney Connolly made sure that the necessary forms were timely filed with the U.S. Citizenship and Immigration Service to guarantee that Mariequinn’s eldest son was protected under the “Child Status Protection Act” (CSPA). This protection meant that he would be eligible to come to the U.S. with his younger siblings, as opposed to having to wait alone in the Philippines for an additional 10 years.
Now, after years of waiting to be reunited, Mariequinn was finally able to celebrate Mother’s Day with her children. They are all in the U.S. with green cards of their own, including her eldest son who was nearly 22-years-old at his time-of-entry. It was a long and stressful process, but now that it is over, Mariequinn and her children are already thinking about the day they are eligible to apply for U.S. citizenship.