To all those looking for hope on CSPA, here is the link to an opinion by one more association.

In case you cannot get to the link. Go on the web site for http://www.nilc.org
and click on what's new.


http://www.nilc.org/immlawpolicy/obtainlpr/oblpr080.htm

I could have pasted their entire opinion, but I did not want to be in violation of any policy of this board.

Good LUck to all of you

Dear All:

I have e-mailed the following letter to NILC. I will share their response on this board.


Dear Sir/Madam:

I was on your web site and I read the summary of the CSPA ( Child Status Protection Act ) on your web site.

In that summary, you indicate that if the derivative beneficiaries of family preference are determined to be over 21 under this formula ( as described in the law ) are automatically reclassified to the appropriate category ( e.g. unmarried sons and daughters of permanent residents ) and their original priority date is retained.

Does this mean that a derivative beneficiary of F4 preference, if deemed to be over 21, will get the visa immediately under F2B on the basis of the original priority date of the petition filed for his parent?

The INS has not yet come up with its regulations regarding this provision of the law ( RETENTION OF PRIORITY DATE ).

Can you please shed some light on the intent of the law? Does the NILC intend to comment on any regulations by INS that may be contrary to your opinion? Do you feel that this provision of the law is not open to any alternative interpretation by the INS?

A lot of people are anxiously waiting for opinion. I would appreciate your response on this matter.

Sincerely


GOOD LUCK TO ALL

Mr. President

The site you have shared is very helpfull. Thanks for the info. Most of us are f3 petition. I hope your inquiry applies to f3 also.

Dear meljay:

Ofcourse, the law will apply equally to F3 & F4. I was using F4 as an example. As you know all possible permutations & combinations will include family, employment, assylum and all other categories!

I was trying to get to the heart of the matter regarding the "retention of priority dates".

I will keep you all posted