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  • my CPSA case.

    hello, guys. even though I have already read the interpretation of the CPSA today, I am still very confused. Can anyone tell me whether I will be protected by the new law. the following is my case:
    My parents applied for permanent resident status under F4 by my uncle, who was already a citizen in sept. 1991, at that time i was 14 years old. Now i am already 25 years old. and the cut-off date is oct.1990 now. I don't know whether i will be protected by the new law. Can anyone tell me?
    Any information is appreciated. Thank you very much.
    Good luck to you guys.

    jeff

  • #2
    hello, guys. even though I have already read the interpretation of the CPSA today, I am still very confused. Can anyone tell me whether I will be protected by the new law. the following is my case:
    My parents applied for permanent resident status under F4 by my uncle, who was already a citizen in sept. 1991, at that time i was 14 years old. Now i am already 25 years old. and the cut-off date is oct.1990 now. I don't know whether i will be protected by the new law. Can anyone tell me?
    Any information is appreciated. Thank you very much.
    Good luck to you guys.

    jeff

    Comment


    • #3
      you are already 25 and yet your parent's visa number is is yet to be available. you already age out, however, your petition will automatically be converted to the appropriate category and you will retain your original priority date. that priority date is the date when the INS acknowledged the reciept of the petition filed by your uncle. the acknowledgement is actually entitiled "NOTICE OF ACTION" which indicate the priority date.

      I always believed that in cases like yours, the appropriate category is 2b (for ummarried sons and daughters of green card holder)because the moment your parent obtain the visa, the parent in effect is presumed to be a green card holder and the children always fall in the second preference, it either 2a or 2b defending on their age. Married children of USC falls under 3rd preference. If you are now married, sorry for you.

      Comment


      • #4
        I am still single. then if i retain my priority date, what is my priority date? and if i retain my priority date, how long i still need to wait until i can get the green card?
        thank you for your advice.

        jeff

        Comment


        • #5
          i know what you mean now. that is to say, if INS acknowledge the receipt of the application sometime in 1992, then my priority date is 1992. that date is before the current cut-off date: Feb,1994 for category 2b. I think that is to say i can immigrate to the U.S. a little bit later than my parents. perhaps several months later. Is that correct?
          Hope you hear from you again soon, boni.
          thank you.

          jeff

          Comment


          • #6
            Hi boni,
            Correct me if I am wrong, but I believe that guest will be able to get the green card with his parents. The visa number is not even available for them yet! That means they will not be able to file I-485 until it becomes current. Any case filed after Aug 6, and here I believe it refers to I-485, not I-130, is applicable to CSPA.

            Comment


            • #7
              My point was, regarding guest's age, shouldn't it be 26 (assuming the visa number becomes available next year) minus all these years (2003 - 1991 = 12) that the petition is pending, which would make his age 26 - 12 = 14? I believe there is a similar example in the interpretation provided by the INS.

              Comment


              • #8
                After hearing form you two. i am still confused about whether i will be coverd by the new law. Who can really help me?

                jeff

                Comment


                • #9
                  hey guest, by the time your parent's visa number become available, you will probably be over 26, already age out, however, substantial leeway has been given importance inorder for the child to qualify. One of which is reducing the age of the child by the number of days in the period the petition was pending. If the result is that you are still over age,the 'RETENTION OF PRIORITY DATE" will apply-- that is, the petition will be converted to the appropriate category. On the contrary, if you are below 21 as a result of the above formula, you will be considered below 21 through out the case. I hope I am right. The law speak of two things- the age determination and the number of days in the period during the time the petition was pending. The only possible application here is, one of them should reduce the other. The later should reduce the former and not vise-versa.

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