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New Interpretation of the Child Status Protection Act makes some over 21 eligible as children

A recent publication of the CIS (former Immigration Service) has concluded that children who reached the age of 21 even before the change in the law allowing for some to be treated as children even after the age of 21 (the law changed on August 6, 2002) could still be treated as children under the law.

The current law permits children of legal residents to maintain their age as minor children under 21 if at the time that their priority dates become current they are either under 21 or they are under 21 because the length of time the petition was pending subtracted from their actual age is under 21.

The new interpretation allows for children who turned 21 after August 6, 2002 to also claim "child" status, that is under 21 status, if they turned 21 before August 6, 2002 and their priority date became current before that time, and after subtracting the number of days the petition was pending from their actual age at the time that the priority date became current they are under 21.

This law is very complicated due to the mathematical calculations involved, however, a number of persons who were formerly not eligible to be treated as "children" under the child status protection act may not qualify. Persons who may fall into this category should review their cases carefully to find out whether they qualify.

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