Hello and welcome to another edition of Copy Type with immigration attorney Bind Dealer. In this particular video, I'd like to talk about a certain provision of the Child Citizenship Protection Act. As written, it applies to a very specific situation, but there are lawsuits all over the country and in circuit courts to try to expand this provision. Here's the situation: let's say, for example, that a lawful permanent resident husband petitions his wife who happens to have two kids. At the time he petitions the wife, the kids are underage, around eight, ten, or twelve years old. The normal process is that after six years, when the visa number becomes current, the wife and children can either adjust their status if they qualify and are in the US, or go through the consulate process from outside the country to obtain residency. Since the kids were under 21 at the time the visa number became current, no additional petition was necessary to bring them in. Just one petition from the lawful permanent resident husband to his wife included the wife and all the kids. However, many countries, such as the Philippines, China, India, and Mexico, have lengthy wait times for a lawful permanent resident visa petition to become current. Many times, the child will age out. For example, by the time the visa number becomes current, the oldest daughter may be 22. Without the Child Status Protection Act, she would have to be petitioned separately, not benefiting from her mother's petition. She would have to wait for many more years for the visa number to become current, with only a few exceptions. The Child Status Protection Act (CSPA) was created to address this issue and mitigate the negative effects of aging out. Under the CSPA, if there is a...
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I-824 denied Form: What You Should Know
You must file Form I-824 online using my GAP Online application. This is an expedited process to file this form. How long will it take the USCIS to process my forms I-824 in? This depends on the types of forms you need. If I-824 application is for a spouse relationship or same-sex partners, Form I-824 processing might take between 2-6 weeks. If the application is one for a non-spouse, same-sex relationship or opposite sex partner, processing can take about 6-12 months. For other form, processing can take anywhere from 12-24 months. Note: If you have been applying for permanent residence in for 10 years (with a 10-year green card or long-term visa), you are now eligible to apply for a Form I-801 “Green Card Sponsorship Application”. If this application is filed electronically, it can be issued within 1 week. Application Status: You will have an application (I-824) pending with USCIS until the date you are approved. If you submit a Form I-824, it applies to your pending/future petition/application. If you submit the Form I-824 by mail, you have to wait about 12 months until your USCIS process an action. In some cases, processing of your Form I-824 might be delayed until after the naturalization ceremony. Why Does USCIS need proof of eligibility? The reason why USCIS needs proof of eligibility is to get more information about the sponsor applicant's qualifications and make sure that he or she is not violating any laws. As far as your application and your eligibility for an I-864 petition for a U.S. citizen spouse, your eligibility is based on your family relationships, social/moral character, employment and education, and the likelihood of your meeting your eligibility requirements. If your eligibility is questioned, USCIS reviews your Form I-824 application (I-824 Application for Action on Approved) with the approval of the Chief Counsel of USCIS, which can take up to 2 months. The reason for this delay is that there are several factors USCIS will take up on. They are the following : If any of the documents on the Form I-824 need more attention since it is a final application? Then the decision is final and no one else needs to approve USCIS further.
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