Announcement

Collapse
No announcement yet.

Visa became available BUT STILL QUALIFIED- CSPA

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Visa became available BUT STILL QUALIFIED- CSPA

    visa became available but still qualified

    yes its true that the age of the derivative child is determined based on their age when the visa number becomes available reduced by the number of days that INS incurred delay. the only argument that INS will have to determine legitimately which i hope will be concluded soon in months to come is whether they will consider delay from the time I-130 was filed or by the time INS acknowledges receipt as to its legality and validity.

    and however, eventhough the derivative child is over 21 after the visa becomes available, part of the CSPA law section says that if it does happen and he's over 21 he will fall into their appropriate category....

    BUT HE WILL RETAIN HIS ORIGINAL PRIRITY DATE WITH REGARDS TO HIS ORIGINAL PETITION OF WHICH HE IS A DERIVATIVE BENEFICIARY..

    for example, Maria Gutierrez,married was petitioned by her USC mother with his husband and 2 sons as beneficiaries last 1987. But now 2002, its just recent that the petition became current and the eldest son was already 23 that the visa becomes available.

    considering the delay, and hes still considered to be above 21 then he will fall to the F2B category but HE'S PRIORITY DATE WILL STILL BE 1987, as what the law provides.

    So for example, if in Maria's home country F2B category being processed is dated 1990, then the eldest son can immediately obtain the visa.

    thats why CSPA is beneficial but its power is limited because of the conditions stated.

    INS operators and operators in local US embassy
    are somehow confused that's why lets wait for the guidelines and let our lawyers do the advising and the interpretation

    but i guess CSPA will help us in due time.
    don't panic..everything will turn out great.

    hope for the best

    antman23

  • #2
    visa became available but still qualified

    yes its true that the age of the derivative child is determined based on their age when the visa number becomes available reduced by the number of days that INS incurred delay. the only argument that INS will have to determine legitimately which i hope will be concluded soon in months to come is whether they will consider delay from the time I-130 was filed or by the time INS acknowledges receipt as to its legality and validity.

    and however, eventhough the derivative child is over 21 after the visa becomes available, part of the CSPA law section says that if it does happen and he's over 21 he will fall into their appropriate category....

    BUT HE WILL RETAIN HIS ORIGINAL PRIRITY DATE WITH REGARDS TO HIS ORIGINAL PETITION OF WHICH HE IS A DERIVATIVE BENEFICIARY..

    for example, Maria Gutierrez,married was petitioned by her USC mother with his husband and 2 sons as beneficiaries last 1987. But now 2002, its just recent that the petition became current and the eldest son was already 23 that the visa becomes available.

    considering the delay, and hes still considered to be above 21 then he will fall to the F2B category but HE'S PRIORITY DATE WILL STILL BE 1987, as what the law provides.

    So for example, if in Maria's home country F2B category being processed is dated 1990, then the eldest son can immediately obtain the visa.

    thats why CSPA is beneficial but its power is limited because of the conditions stated.

    INS operators and operators in local US embassy
    are somehow confused that's why lets wait for the guidelines and let our lawyers do the advising and the interpretation

    but i guess CSPA will help us in due time.
    don't panic..everything will turn out great.

    hope for the best

    antman23

    Comment


    • #3
      I can not reach you by e-mail because I am only a "guest" of my daughter - not the primary subsciber) Regarding this confusing part of the law --"reduced by the number of days in the period -- --" speak of the petition pending filed under Sec. 204, subsec. (a), (b), or (c)". I believed the purpose of the law here is, to prevent the child being aged out.But my question is, from when or where will the "reducing" start and to where will it end.

      You touched on another issue on the matter relating to "Retention of priority date". You are right when you said that the aged out childs' case (petition) will automatically be converted to the appropriate category and that is, to 2b, for unmarried child over 21 years old of GC holder.Before, the aged out child is drop out from the petition. I have that experience because in Nov. 9, 1998, I recieved a letter from the NVC informing me that the "beneficiary.s son" (meaning my sister's son) is now 21 years old, consequently, he is no longer eligible to be a derivative beneficiary (of my sister). The letter further states that a separate immigrate visa petition must be filed by my sister on his behalf upon entering the U.S. With this CSPA law, my nephew is now in 2b category and "shall retain the original priority date issued upon reciept of the original petition". How about if my nephew got married today or tomorrow, sorry for him,better not get married, only live-in or magtiis na lang muna. Kumusta kabayan.

      Comment

      Working...
      X