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Can the Child Status Protection Act help me ? plz!I NEED YOU !

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  • Can the Child Status Protection Act help me ? plz!I NEED YOU !

    Hi,can anyone tell me if the CSPA apply to F4?My Dad applied for green card though his sister ,who is USC,in 1991.i was 10 then. so i was on the application too.Now the visa number will br=e available to us in couple of months but i 'v aged out-- 21yrs and 3months.Am protected under this Act and go with my Dad!Any imformation will be great appreciation!thank you !!"USE OF AGE ON PETITION FILING DATE"(from CSPA)
    How to express the mean of PETITION FILING DATE?
    DOES it mean they use the age when i filed the petition and i was 10yrs old then?+) thank you !

  • #2
    Hi,can anyone tell me if the CSPA apply to F4?My Dad applied for green card though his sister ,who is USC,in 1991.i was 10 then. so i was on the application too.Now the visa number will br=e available to us in couple of months but i 'v aged out-- 21yrs and 3months.Am protected under this Act and go with my Dad!Any imformation will be great appreciation!thank you !!"USE OF AGE ON PETITION FILING DATE"(from CSPA)
    How to express the mean of PETITION FILING DATE?
    DOES it mean they use the age when i filed the petition and i was 10yrs old then?+) thank you !

    Comment


    • #3
      The good news is it SEEMS you may benefit from the CSPA law. The bad news, on the other hand, is INS and the State Department have not yet issued the governing rules and regulations of this law. As long as no rules exist all we can do is speculate about our cases.

      You can also read the other threads concerning this law coz many of us here have already dissected it inside and out. Better yet, you can add more specific details about your situation so our experts here can react.

      Goodluck

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      • #4
        thank you very much my guest friend !but let me puzzel that how to count the days of pending time
        and the more importance is when will the INS and the State Department issue the governing rules and regulations of this law!
        Thank you and help me my kind friend!=)

        Comment


        • #5
          Your age will be determined on the date your parent visa number become available, you will be over 21 by then. There are two possible things to happen here, either you are age out or your age will be reduced by the number of days in which the petition was pending. if the former apply, as far as your case is concern, the petition shall automatically be converted to the appropriate category and the good part is that your priority date is retained. If the later apply, which I am very confident, you will be considered a child (below 21) through out the case. As I have said before in my previous comments, the law speaks of two process. One is the "age determination" process and the other is the "reduce by" process. The another one, the "seek LPR STATUS" process is proceedural in its application which is regueired by law to be perform by the alien child within one year period from visa number availability.

          Now,the two processes mentioned above are the ones we are concered with. You formed your own conclusion by determining which is most logical to happen. The term "reduce by" will reduce the "age" or the "reduce by" will reduce itself?

          I am not so sure which is which, to me to most logical to happen is that the age should be reduced by the number of days -------.

          I hope the INS guidelines will support my interpretation, if such will be the case, I believe you are covered by the ACT.

          Good Luck!

          Comment


          • #6
            YES!I really see i will proctect the act but i'm affaid though thr days be reduced i still age-out ,how will i ?yes.i will be converted to the appropriate category and the good part is that your priority date is retained.The problem is that weather i can go or not yhis time logically!
            if not how will i wait still?The INS guidelines ?
            when will it be out?
            Hey!Boni thank you very much and i also wish you !Good Luck!=)

            Comment


            • #7
              You're surely welcome Rose! You can also contribute on this board by telling us your future experiences regarding your case...

              Truthfully, Boni was able to "hit the nail on its head" concerning the different computations brought forth by the CSPA. But as a rule-of-thumb, INS tends to interpret new laws "very" conservatively. So it's better for us not to keep our expectations too high.

              When we can expect the regulations to come out? Well, there are many rumours out there. But the last thing i heard is that the State Department had already forwarded its initial comment to the INS. So it's up to the INS now. Please, dont forget that the INS commissioner has resigned.

              Goddluck to us all

              Comment


              • #8
                You're surely welcome Rose! You can also contribute on this board by telling us your future experiences regarding your case...

                Truthfully, Boni was able to "hit the nail on its head" concerning the different computations brought forth by the CSPA. But as a rule-of-thumb, INS tends to interpret new laws "very" conservatively. So it's better for us not to keep our expectations too high.

                When we can expect the regulations to come out? Well, there are many rumours out there. But the last thing i heard is that the State Department had already forwarded its initial comment to the INS. So it's up to the INS now. The usual time frame for the INS is 6 months to 1 year depending on the complexity of the law.

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                • #9
                  sorry i mean how long will i ......

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                  • #10
                    Tank you Guest!but if i really age-out then how long will i going to remain!i filed in 1991/04/22!
                    thank you !

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                    • #11
                      Help plz!

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                      • #12
                        Help me plz!

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                        • #13
                          you cannot predict how long the guidelines will come out. it will still take months or years.

                          priority tate for unmarried sons and daughters currently is Jan. 1994.

                          still a long wait. be patient, do not marry yet or you will be out. Only USC parents can petition married children.

                          good luck

                          Comment


                          • #14
                            I am sorry, you do not belong to the category I mentioned before. you are stil considered below 21 throughout. the priority date I mentioned belong those age children from the Philippines, you are not a Pilipino, are you?

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                            • #15
                              so boni only i can do is wait !how long ? May be 4 to 5years when my F2b visa is available ?RIGHT?
                              THANK YOU !

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