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  • NEW IN CHILD STATUS PROTECTION ACT

    I have read the analysis of thia lawyer here in immigration daily about the CSPA, it is very good explanation.

    However, WHAT ARE SOME FEEDBACKS BY THE INS AND DOS WITH REGARDS TO THE GUIDELINES? WHEN WILL IT COME OUT? WILL IT TAKE UNTIL NEXT AUGUST 2003? WHAT HAS BEEN SOME NEWS CIRCULATING ABOUT THE NEW LAW? ANY PROCESSING DONE ALREADY OR CORRESPONDENCE?

    PLS UPDATE US ANYONE WHO ARE AWARE.

    THANK YOU.

  • #2
    I have read the analysis of thia lawyer here in immigration daily about the CSPA, it is very good explanation.

    However, WHAT ARE SOME FEEDBACKS BY THE INS AND DOS WITH REGARDS TO THE GUIDELINES? WHEN WILL IT COME OUT? WILL IT TAKE UNTIL NEXT AUGUST 2003? WHAT HAS BEEN SOME NEWS CIRCULATING ABOUT THE NEW LAW? ANY PROCESSING DONE ALREADY OR CORRESPONDENCE?

    PLS UPDATE US ANYONE WHO ARE AWARE.

    THANK YOU.

    Comment


    • #3
      I also read Mr. Patel's analysis and I noticed that he was confused about the term "alien's petition" under section (3) (RETENTION OF PROIRITY DATE". hE SEEMS TO imply that such refers only to the primary beneficiaries and do no include the secondary benficiaries mentioned in subsec.(a)(2)(A) and (d), the so-called derivative or accompanying alien child.

      From 1-130 petition is all inclusive. In fact, in line #17, it is required to list all the children of the primary beneficiary. It goes to show that the children are part and parcel of the peition, hence, the term "alien's petition" under Section (3).

      The new law, the CSPA, goes even further to protect the status of the child petioned under 1-130 by providing two important features, the so-called "age out status protection and the "automatic conversion status protection features.

      Every knew now how it works. The purpose of the legislature here is very clear and that is to prevent the child from being left out of the petiion. I said "PETITION" because the child is one of those included in the petition.

      Comment


      • #4
        Question, is it the intention of congress to refer the term "alien's petition" to the primary beneficiary that in effect tend to create confusion? I think Mr. Patel should refer to the legislative deliberations in order to know the real intent and purposes of congress in enacting the CSPA and not only resort to seek the meaning of the CSPA stautory construction.

        And I do not think it is the purpose of the law for the primary beneficiary to immigrate first to the U.S. and then file a new petition for the secondary beneficiary in order that such be termed as "alien's petition". The more there is confusion because the new peition now is a petition for the primary beneficiary.

        I think the law is very clear and is not subject to the scrutiny of statutory construction to abduce its meaning.

        Comment


        • #5
          I recieved IV bill for all beneficieries expcept the child that turned 21. I faxed NVC a letter stating the child should be included with the beneficieries. I recieved the IV bill for the child that is over 21 3 weeks after faxing the letter.

          Comment


          • #6
            Gandu,

            Could you be a little more specific, about the child age for the benefit of others on this forum ??

            Was the child just over 21 and benefited because after subtrating the petition pending time the child was below 21 ??

            Or was the child considered over 21 after the necessary calculation and benefited by the Retention of petition clause of CSPA
            (i.e INA 203 3/ (h) (3)) ?

            Any information you provide will help others on this forum.

            Comment


            • #7
              SO DOES IT MEAN GANDU THE CHILD STATUS PROTECTION ACT IS IN FULL FORCE NOW??

              KINDLY BE MORE SPECIFIC PLEASE..

              THANK YOU VERY MUCH.

              Comment


              • #8
                I would not be so excited untill all the details of the above case become clear

                Comment


                • #9
                  Here is my .02.

                  It is irrelevant whether we agree with this lawyer's analysis or not. One thing is certain, this is the most complete analysis of the bill available on the internet. There may be private analysis that I have not seen.

                  What is relevant is that the expectations of the Immigrant Lawyers is very high from this law. This means that they will seek an "expansive" application of the law. That is the good news.

                  As far as approvals in real life are conerned, we all have to wait for the regulations and the real debate between AILA and the INS will begin only after the regulations are published.

                  In the meantime, even if we all agreed with each other on the meaning of the bill, it does not matter.

                  Comment


                  • #10
                    i have not been reading the mails here for sometime....and i am busy for another 2 days.....but i have some good news for u all.....my brother and mine name is included in the immigrant visa application under F4 category.....so antman,boni, Mr. President.....how about u all.....i am sorry i have been out of touch with u all.....i'll check all the mails tomorrow and may be i come out with some explanations for your queries....bye...good luck

                    Comment


                    • #11
                      The child turned 21 on sept. 30,2002. The priority date for the petition is june 24,1997. The category is F3. NVC said the the ultimate decision is made by the consulate abroad.

                      Comment


                      • #12
                        AMIT:

                        I am glad to hear that you are included in the F4 visa interview. Please do post all the facts of your case along with the US Consulate in India.

                        Till the regulations come out, others may be able to benefit from your situation. Please let us know about all action that you or your parents or peitioner may have taken to insure that you do not "age out"

                        Good Luck

                        Comment


                        • #13
                          CONGRATULATION AMIT !

                          I FORGOT the facts of your case, anyway, there is one question that I need to ask you. Your answer may may clear our doubt relating t o our case. The question is: are you currently below 21 years of age? And what was your age on the date your parent's visa application was finally determined?

                          Pleas post your answer.

                          thank

                          Comment


                          • #14
                            Amit, forget the 2nd question. My question is, were you below 21 years old when your parent's visa number became current?

                            thank you again.

                            Comment



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