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Immigration Issues/Brother-Sister Petition

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Question
Hi:

My US Citizen Uncle filed a petition for my mom in 2001. My question is if my name was mentioned in the application as a daughter and when the application for my mom was accepted I was under 18. Do I get the residency at the same time as my mom since I was a minor at the time, but now i am 24?

Thank you so much!!!

Answer
The Child Status Protection Act provides “age-out” protection to children of U.S citizens and legal permanent residents, to derivative beneficiaries (dependent children) of employment-based applicants, and family-based immigrant petition applicants, children of diversity visa applicants, and children of applicants seeking asylum or refugee status. CSPA does not protect nonimmigrant visa holders (K or V), or NACARA, or HRIFA, or Family Unity, or Cuban Adjustment Act, or Special Immigrant Juvenile applicants and/or derivatives not specified in the CSPA.

You were listed in the petition filed by your uncle, on behalf of your mother. However, you are not an immediate relative and as such cannot benefit from the "age out " protection.

Sincerely,

Annick Koloko
www.kolokolaw.com

Immigration Issues

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Annick Tchokonte-Koloko

Expertise

Ms. Koloko's practice includes removal defense, political asylum, federal litigation, consular processing, criminal law, and assistance in business and family based visas. Ms. Koloko is an experienced litigator who practices regularly in courts throughout the United States.

Experience

Ms. Koloko had litigated cases before the Immigration Courts as well as the Board of Immigration Appeals. Ms. Koloko also handled successfully numerous non-immigrant and immigrant applications before USCIS, as well as US Consular Posts.

Organizations
AILA (American Immigration Lawyers Association) Admitted to practice in U.S. District Court, Western District of New York Admitted in New York

Education/Credentials
Ms. Koloko received a JD from the University of Paris, as well as Master of Laws (LLM) from Franklin Pierce Law Center.

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