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RE: CSPA Eligibility

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  • RE: CSPA Eligibility

    I am a little confused with the verbage regarding the CSPA and all ammendments made to it. Maybe someone here would be able to answer my question. I would appreciate any feedback.

    I was aged out during my father's Labor Certification Process which took almost 3 years (June 1996 - Feb1999). By the time his I-140 was filed I was already 22. Country of chargeability is Philippines and at the time Priority Dates were all current so there was minimal wait for visa availability. He filed his I-485 in Nov. 2001 and received his greencard within the month.

    I have read some of the cases here but none are similar to mine. My question is:

    According to CSPA, my interpretation is that if according to the standard calculation I am determined to be over 21, I would be adjusted to a category of F2B while retaining my father's priority date. Does this apply to me?

  • #2
    I am a little confused with the verbage regarding the CSPA and all ammendments made to it. Maybe someone here would be able to answer my question. I would appreciate any feedback.

    I was aged out during my father's Labor Certification Process which took almost 3 years (June 1996 - Feb1999). By the time his I-140 was filed I was already 22. Country of chargeability is Philippines and at the time Priority Dates were all current so there was minimal wait for visa availability. He filed his I-485 in Nov. 2001 and received his greencard within the month.

    I have read some of the cases here but none are similar to mine. My question is:

    According to CSPA, my interpretation is that if according to the standard calculation I am determined to be over 21, I would be adjusted to a category of F2B while retaining my father's priority date. Does this apply to me?

    Comment


    • #3
      No.

      Comment



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