Hi antman23,

I am also in same situation like you. My mom's brother has filed petition for us in 1990.
In May,2002 visa number become availbe.
My age is now 22 years. We have got DSL forms but my name is not mentioned in it.

I have inquired about this law with immigration lawyer (George Siskind). They have told me that you are eligible under this law beacuase after substracting 'pending' period my age is over 21 years. Generally 'pending' period of petition is 4-6 months. It will be substracted from the age on which visa number become available. So in my case my age is 21.6 years which is over 21.

The lawyer has also told me about 'RETENTION OF PRIORTY DATE'. He told me it is only for F2A category people. We cannot take benefit from that because our category is F4. Alien's petition cannot be convert from F4 to F2B automatically.
It must be convert from F2A to F2B.

If you got any more news about 'RETENTION OF PRIORTY DATE' then tell me. I am still confused about that because in section 3(c) of CSPA nothing is mentioned about that it is only applicable to F2A category.

Arpit

Hi,
How can the pending period be 4-6 months under F4?? Perhaps the lawyer was talking about employment-based immigration?

Hi jess,

Pending period is calcuated by susbstracting the date on which petition was filed minus the date on which INS gave receipt of the petition.
It is not calculated with respect to the date on whwhich priority date is current.
So generally this period will be no more than 6 months for FB and EB categories.

Arpit