dear boni,

there have been so many questions still unanswered about the CSPA and it is understandable because INS has not yet
publish its implementing guidelines and procedures.

ive asked the local US embassy here in my country and they said INS will be giving the guidelines
basically in 60 to 90 days from now.

i have a question for you just to confirm my status..

i am a deriavative child/beneficiary of an F3 petition..my mom was petitioned by her USC mother( my grandmother ) last November 1988. I was 10 years old then. but now im 24 years old and still
single.

our priority date became current last april of this year and we are currently being processed now but my name was already deleted since i already age out. but my mom already paid for the ins fees, affidavit of support was accomplished and we called NVC and they said probably by late
October or early November of this year my mom, dad and younger brother will be getting their medical and interview schedules.

so it means there has been no final determination yet as to the immigrant visa of my mom since we are still currently being process. am i right?

so do you think i have still the chance to avail the benefit of the CSPA since i met that condition- of my parents not issued a visa yet.

i will be consulting a US lawyer this week but i had one months ago and he said i could avail of this.

what do you think are my chances? i have to act fast because i need to meet the condition being stated or else my mom could ask for postponement of their interviews and medical just to give way and accomodate me to process documents and reinstate my name to INS, by that way, they will not be issued a visa yet and i can meet the condition.

what do you think? pls. advice and comment.

thanks,
antman23

antman23- this a follow up of my answer to your inquiry.you know I have tried to understand the qualifying provision of the law refering to the derivative children. If you read the law, you will notice the phrases which I hereby quote, "but only if the alien (refering to the parent) has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending." and the petition refered to here is "(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), for (c)." To understand more about the law I tried to obtain a book to see the section and subsection refered to here but it will cost me $90.00. I went to a local library but of no help. I think I have to try a county or state law library and if I have learn something I will let you know.

thanks boni. right now we are meeting a uS lawyer
to get some services- 3 hours from now.

anyway, u can email me at:

taniem@edsamail.com.ph

u can email me things that u researched about CSPA and i will also let you know the things i will learn later from a US lawyer.

regards and thanks for the advice.

thanks,
antman23

boni,
you can find the sections referred to at:

http://www.ins.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-21?f=templates&fn=document-frame.htm#slb-act

and go to Act 203.