Immigration Issues/CSPA


Here are the actual facts.
My parents got their immigration just a few months back ( Dad PR of MA) ,(mom PR of CA) through my Brother who is a US citizen , and now they are considering filing a petition for me.
I am 19, currently not in the US. If they file a petition for me say next week, I expect it to be processed and approved in 2008( as the vermont center is processing applications received in 2002) and then my priority to become current in 2009. I would be 23 then, and i would like to know whether i would be eligible for the visa in the 2A category or would it be changed to 2B. What would my age be according to the CSPA. would it protect me any way?

Thanks, and i hope i have provided enough relevant info for your consideration.
Followup To
Question -
I am want info on 2 cases.

1- My parents who are PRs. if they petition for me when im 19, and it gets approved when im 22 and then the priority date becomes current when im 23, wat would my age be according to the CSPA.(vermont center)-dad PR of MA
2- My parents file whne im 19, it gets accepted when im 20 and priority is available when im 23, wat would my age be,(cali center)-Mom PR of CALI

Is there ne benefit in either of the 2 ways.
Answer -
The analysis of an age-out under the CPSA is too fact specific to undertake without a thorough review of the actual facts.  The analysis will be the same though, regardless of the service center processing the case.

You need to retain an attorney for a case specific analysis.  Asking me to give specific legal advice without reviewing all of the material myself is like asking a medical doctor to diagnose an illness without examining the patient.  You are still giving "actual facts" that are hypothetical.

Immigration Issues

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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