CSPA act and divorced situation

[kirtanpatelr]

Hi. Some background information about me first. I am a CPA working under a H-1 visa in Atlanta, GA. I have a tricky situation and I need a lawyer's advice. In May 2005, my grandfather(a US citizen) had filed petitions for my father and aunt. At that time my age was 19 years. In January 2016 my father's petition got approved. Currently, I am 30 years old but I have heard about CSPA act under which a child's age is locked to the age of the child at the time of filing the petition. Now my situation is tricky because I had married in 2009 and I got divorced last year in December. The problem is that since the divorce was filed abroad I am going to get my divorce papers by the end of March 2016. Do I still qualify to get a green card as child in my father's petition? I am currently single but divorced. I have some links here that say I could qualify but I need an attorney to confirm this for me and what do I need to do?

http://www.nolo.com/legal-encyclopedia/can-divorced-child-under-21-be-the-immediate-relative-us-citizen-parent.html

[dpatel126]

Hi. Some background information about me first. I am a CPA working under a H-1 visa in Atlanta, GA. I have a tricky situation and I need a lawyer's advice. In May 2005, my grandfather(a US citizen) had filed petitions for my father and aunt. At that time my age was 19 years. In January 2016 my father's petition got approved. Currently, I am 30 years old but I have heard about CSPA act under which a child's age is locked to the age of the child at the time of filing the petition. Now my situation is tricky because I had married in 2009 and I got divorced last year in December. The problem is that since the divorce was filed abroad I am going to get my divorce papers by the end of March 2016. Do I still qualify to get a green card as child in my father's petition? I am currently single but divorced. I have some links here that say I could qualify but I need an attorney to confirm this for me and what do I need to do?

http://www.nolo.com/legal-encycloped...en-parent.html

CSPA doesn't apply once married regardless of your single status.

[William_21]

Hi. Some background information about me first. I am a CPA working under a H-1 visa in Atlanta, GA. I have a tricky situation and I need a lawyer's advice. In May 2005, my grandfather(a US citizen) had filed petitions for my father and aunt. At that time my age was 19 years. In January 2016 my father's petition got approved. Currently, I am 30 years old but I have heard about CSPA act under which a child's age is locked to the age of the child at the time of filing the petition. Now my situation is tricky because I had married in 2009 and I got divorced last year in December. The problem is that since the divorce was filed abroad I am going to get my divorce papers by the end of March 2016. Do I still qualify to get a green card as child in my father's petition? I am currently single but divorced. I have some links here that say I could qualify but I need an attorney to confirm this for me and what do I need to do?

http://www.nolo.com/legal-encycloped...en-parent.html

Unfortunately, it looks like you "aged out". Your father was the applicant, sponsored by your grandfather, and you were part of your father's application. In order to be stay part of your father's application you needed to stay unmarried and under 21.

You are unmarried because you divorced, but you are no longer under 21 (even if we deduct the "processing time" of the application, which is what CSPA allows you to do).

Once your father obtains his green card, you can qualify for family-based preference 2A (unmarried sons and daughters of legal permanent residents), but that is probably a small consolation...