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CSPA help please

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  • CSPA help please

    Hi.

    In 1988, my brother filed a petition under the F4 category, sponsoring my whole family for permanent residency. At that time, my sons were 11 & 8 years of age. I entered the US on 8 October 2001. At that time, my sons were 24 & 21. Since not even one year has lapsed since my entry into the US, can my sons be re-placed into the 2A category according to the new law?

  • #2
    Hi.

    In 1988, my brother filed a petition under the F4 category, sponsoring my whole family for permanent residency. At that time, my sons were 11 & 8 years of age. I entered the US on 8 October 2001. At that time, my sons were 24 & 21. Since not even one year has lapsed since my entry into the US, can my sons be re-placed into the 2A category according to the new law?

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    • #3
      you are the beneficiary of your brother and your children are the "derivative children", you are out of luck because you get your visa before the law becomes effective. I understand the law applies to immiggration application which was pending on or before the law becomes effective.

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      • #4
        this a follow up of my comment to "cspa help", whoever he is. When I say the "immigration application is still pending" it means that the visa number is not yet available because there is no "final determination yet as to whether an alien satisfies the requirement" so and so. I hope I am right. I am trying to understand the law to the best of my knowledge and belief. There were many comments on this by many in the legal profession. I agree with some and have doubt on others because the explanations were not too clear to me. As I have said before, let us wait to the INS promulgate the rules. I hope it will benefit the two of us, but I have my doubt on our case (I have posted the same question before this)

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