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Immigration Law Question: DS-230 filed 12/2010, Visa Retrogression 1/2011-CSPA case

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  • Immigration Law Question: DS-230 filed 12/2010, Visa Retrogression 1/2011-CSPA case

    My LPR father filed I-130 for my brother in April 2010. My brother is turning 21 in July 14/2012.

    Priority date per Notice of Action- 4/23/2010
    I-130 Approval- 8/26/2010

    His visa was current in December 2010. Between August and December we had filed I-864, Police clerance, birth certificate, etc along with DS 230 part I(filing occurred in December 14, 2010). NVC acknowledge receipt of DS 230 and revised I-864 in 12/28/2010. His case was reviewed and completed in 1/5/2011. Given this scanerio, when will they lock his age for CSPA purpose?Is is the time when we had filed DS 230- at this time his visa was current per VB or they will recalculate his age when visa become current again? Also can someone tell me if below anology will apply to my borther's case. In this situation he would have sought to acquire permanent residency by filing DS 230 instead of I-485 (which he could not file becuase he is not in the US)
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    Source:http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf

    Visa Availability Date Regression
    If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.

  • #2
    My LPR father filed I-130 for my brother in April 2010. My brother is turning 21 in July 14/2012.

    Priority date per Notice of Action- 4/23/2010
    I-130 Approval- 8/26/2010

    His visa was current in December 2010. Between August and December we had filed I-864, Police clerance, birth certificate, etc along with DS 230 part I(filing occurred in December 14, 2010). NVC acknowledge receipt of DS 230 and revised I-864 in 12/28/2010. His case was reviewed and completed in 1/5/2011. Given this scanerio, when will they lock his age for CSPA purpose?Is is the time when we had filed DS 230- at this time his visa was current per VB or they will recalculate his age when visa become current again? Also can someone tell me if below anology will apply to my borther's case. In this situation he would have sought to acquire permanent residency by filing DS 230 instead of I-485 (which he could not file becuase he is not in the US)
    -----------

    Source:http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf

    Visa Availability Date Regression
    If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.

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