the truth about the CSPA as far as derivative children are concern

We have been betrayed,the law do not apply to petitions filed before the passage of the cspa. It only apply to petitions filed on and after its effectivity. The reason, it is not retroactive.

There is only one exception allowed under Sec.8, with two conditions to met:

1. petitions approved before its passage.

2. visa application is not yet determined prior, on or after its passage.

We have been betrayed,the law do not apply to petitions filed before the passage of the cspa. It only apply to petitions filed on and after its effectivity. The reason, it is not retroactive.

There is only one exception allowed under Sec.8, with two conditions to met:

1. petitions approved before its passage.

2. visa application is not yet determined prior, on or after its passage.

Boni,
Which petition are you referring here? Is it the one that you file and have to wait many years for it to become current, or the one after the visa number becomes available? I guess I am not very familiar with the process. Thanks for the clarification.

In either one if the visa application was adjudicated prior to August 6, 2002.

I am so angry about this, my nephew is one day short, I mean my sister recieved her visa on August 5, 2002, she was told her son can not have his visa because he aged out. Can you imagine, after preparing all those papers works, medical expenses and $260.00 fee and all the hope and then there was frustration. I can kill myself.

She was told to petition him after landing in US.Another 10 years wwait.In the meantime my sister will suffer the loneliness of being separated from her love ones. Can you imagine.

Sorry to hear that. It's such a heart-breaking story, especially when your nephew missed it by just ONE day!

Anyway.. how about for those that are not adjudicated before 8/6? As a matter of fact, for those whose visa number isn't available yet?

Remember, all my posting is refderence to Section 3 Subsections (a) (2) (A) and (d). Most are under subsection (d) relative to derivative child.The law apply to petitions approved prior to the its passage(8-6-02)and all approved petitions thereafter.

The problem with petition approved before the law took effect is with respect to its visa application. If there was a final determination of the visa application before 8-6-02, cspa do not apply, it is not retroactive.

How about those petitions approved prior to cspa whose visa number is not yet availlable on or after 8-6-02.As i said on my previous posting, cases like these are the exception on cspa's non-retroactivity. Even if the visa application was filed prior to 8-6-02 but was adjudicated thereafter, the cspa will apply and the derivative child will be issued a visa together with the parents at the same time. The child in this case is a travelling companion of the parents as is indicated in the Biodata form.

I hope you get my point.

Remember, all my posting is refderence to Section 3 Subsections (a) (2) (A) and (d). Most are under subsection (d) relative to derivative child.The law apply to petitions approved prior to the its passage(8-6-02)and all approved petitions thereafter.

The problem with petition approved before the law took effect is with respect to its visa application. If there was a final determination of the visa application before 8-6-02, cspa do not apply, it is not retroactive.

How about those petitions approved prior to cspa whose visa number is not yet availlable on or after 8-6-02.As i said on my previous posting, cases like these are the exception on cspa's non-retroactivity. Even if the visa application was filed prior to 8-6-02 but was adjudicated thereafter, the cspa will apply and the derivative child will be issued a visa together with the parents at the same time. The child in this case is a travelling companion of the parents as is indicated in the Biodata form.

I hope you get my point.


Remember, in above case, the child must be below 21 years on age visa determination or is considered below 21 after the age determination and reduce by processes. If you have read my previous posting I have devised a formula to that effect.