Immigration Site

Hi all,

A friend has asked me a question .

The lady is expecting to get a Green card and she is from India.
So after she gets her green card she can apply for her son who is in
India and the son is less than 21 years old and he is unmarried.

I think that the cut off period for her son is 21 years unmarried
But now there are few questions

a) Is the 21 year cut off date as of date of application of green card
petition or on the date of adjudication by the Immigration officer or
is it the priority date
I think it is the date of adjudication by Immigration officer
Please let me know if I am correct or wrong.

b) If she applies today for her son I told her that she would have to
wait a long time because a) Quota is by country and India has a long
waiting list and second she is a green card holder and that particular
category has a very long waiting list --- Am I correct and also could
you guys estimate how long would this take and is this possible
or is this an impossible dream ?

According to the visa bulletin for Nov. 2010, the wait for F2A for India is around 5 months.

The Child Status Protection Act (CSPA) could apply to preserve a childs eligivility IF there are long processing delays. It is a complicated formula that even the USCIS and DOS Officers have a very difficult time figuring out.

could you explain more about the Child status protection act ?

http://www.uscis.gov/files/article/C...eet_050608.pdf

Immigrant Petition as a child filed by a Lawful Permanent Resident:
•
If the immigrant petition was approved and the priority date becomes current before the applicant’s ‘CSPA age’ reaches 21, the child will not ‘age out’, provided that no final decision was reached prior to Aug. 6, 2002 on an application for permanent residence based on the immigrant visa petition upon which the applicant claimed to be a child. In order for CSPA coverage to continue, the child must apply for permanent residence within a one-year of the date the priority date became current.

Maybe the above paragraph helps
but I would like some more information what this means