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What is Spa approval date?

Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (SPA) to protect certain children from aging out. The SPA went into effect on August 6, 2002.

How long does it take to petition a child under 21?

The average processing time for a “stand alone” I-130 is about 6 months. If the child is under 21 and unmarried and entered the US with a visa, the child may be eligible to have an application for adjustment of status considered in the US.

How long does it take to file for child over 21?

If the child is under the age of 21, it should take between 6 and 12 months for the entire process. If over 21, then it depends on the country of origin, and wait times tend to be lengthy — generally at least 7 years.

Can I petition my son under 21?

If you are a U.S. green card holder (permanent resident), you may be able to petition for your foreign-born children who are age 21 or older (referred to as sons or daughters by U.S. immigration law) to immigrate to the U.S. and receive lawful permanent residence (green cards).

How long does it take to petition a married son?

A US citizen mother can petition for her married sons and daughters regardless of their age. It's currently taking about 10 years from the date of filing or the priority date before a visa number will become available.

How long does it take for I 130 petition for a child?

After filing Form I-130, Petition for Alien Relative, the approval process can take anywhere from 5-12 months for Immediate Relatives and could take several years for Family Preference Categories. This is an approximation. It may be shorter for some and longer for others.

Who is considered a derivative beneficiary?

Offspring of Derivative Child: (1) A derivative beneficiary of an approved immigrant visa petition cannot bestow upon someone else the immigration status they, themselves, have derived from the principal beneficiary.

What is derivative family members?

You might have heard of derivative benefits or derivative classification in discussions of U.S. immigration. In a nutshell, derivative benefits flow through the main visa or green card applicant allowing a spouse or unmarried child under the age of 21 to immigrate at the same time.

When children can immigrate as derivative beneficiaries?

When Children Can Immigrate as Derivative Beneficiaries Broadly speaking, this means the child is unmarried (not just when the initial petition is filed, but all the way through approval for U.S. residence and/or entering the U.S. on an immigrant visa), under age 21, and either a biological, adopted, or step-child.

What is a derivative status visa?

The term 'derivative status' is used to refer to an immigration status that is gained through another applicant. The U.S. immigration law allow derivative status for certain visa categories. For example, the spouse and children of a J visa holder would be granted derivative status as J-2 Visa holders.

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