What are the Requirements of the Child Protection Act with Regard to Aging Out?
SUMMARY OF THE CHILD PROTECTION ACT-AGING OUT Basic Requirements about applying the Act-Effective dates: Ø The I-140 or I-30 petition has to be APPROVED ON OR AFTER August 6, 2002 or it has to be pending (not yet approved) on that date; Ø Applicable also to cases when the petition was filed before the deadline but the child aged out on or after August 6, 2002; Ø The alien aged out before the cut-off date but had applied for a visa before aging out and was refused under 221 (g). Ø The applicant/beneficiary filed the Adjustment of Status or I-230, Part I Immigrant Visa Application within one year of a visa becoming available, or the LPR spouse filed an I-824 on behalf of the derivatives within one year of a visa becoming available. How to apply the Act to the specific cases: 1. CHILD OF US CITIZEN CATHEGORY: The age of the child will be locked in on the date of filing the I-130 petition; 2. CHILD OF LPR WHEN THE LPR NATURALIZES AND REQUESTS CHANGE OF CATHEGORY: The age of the child will
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