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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    To Arpit- CSPA Retention of Priority Date
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<antman23>
Posted
dear arpit,

i actually have 2 petitions in my name as a derivative beneficiary, an F3 and an F4 but i am disregarding F4 since it is F3 thats being currently processed now in my name.

i consulted a lawyer and i am entitled to the CSPA..is an F3 petition powerful, so to speak, than an F4 petition? it was my grandmother USC who petitioned my mom and our family.

i think you can also avail of that..your lawyer must be confused because the rules have been clearly stated in the CSPA. the law talks about derivative children which is your case too.

read the analysis of CSPA..u will get some inputs there.

antman23
 
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<jess>
Posted
Hey,
Why are you in F3 if your grandmother petitioned for your mother? You know.. it's so frustrating asking the lawyers.. because they're not sure themselves! I've asked a couple of lawyers; one was positive that I am protected, and the other was pretty sure that I am not. So I don't know whom to believe anymore.. Maybe we should just wait for the details to come out, or write to the INS (don't call them.. the customer representatives don't know anything!)

jess
 
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<antman23>
Posted
hi jess!

of course i am a dereivative beneficiary of my mother..my mom's mother USC ( my grandmother ) petitioned her as a married daughter last 1988 and so part of the peition was me, my brother and my dad.

its like f4 when your uncle/aunt petition your mom and she's married , then the beneficiary's children are all derivatives.

i've inquired with so many lawyers and my current lawyer is the number 1 lawyer in california, and all of them gave me a positive response. that's why i am doing all my documentations already.

antman23
 
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<jess>
Posted
Right! Married children of USC fall under the category F3! Duh. :) Could you please tell me which lawyer you're hiring? Thanks!
 
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