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cspa to tim and meljay

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  • cspa to tim and meljay

    go to www.ins.gov, click INERENET-- click WHAT'S NEW, click ins policy proceedural memoranda. the ins example is still confusing to me. he said that the reciept date of the F-1-130 do not matter, it is the date the priority date becomes current and when the f-1-130 is adjudicated that matters. BUT -- - -

    here is the example: Form 1-130 filed in 1998, it became current today and Form 1-130 was adjudcicated not until today. The beneficary's age when dterming preference category would be 20 (the beneficiary is 24 today but the petitons was pendiding for 4 years)

    Where did he get 20. Was the 4 years PENDING PETITION deducted from 24 YEARS,the age of the beneficiary?,If we follow the guideline, there are no years between priority date and the adjudication date. In this example, the reciept date played a role.

    The guidelines continue -- if however, this same form 1-130 had been adjudicated in 2000, the beneficiary's age when determining preference category would be 22 (the beneficiary age is 24 today, but the petition was pending for only 2 years)

    I think this example is even more confusing. In this example, the old law will apply. CSPA becomes effective on 8-6-02.

    I know what the quideliner is thinking, but in order not to confuse those concerned, they should give a more current date.

  • #2
    go to www.ins.gov, click INERENET-- click WHAT'S NEW, click ins policy proceedural memoranda. the ins example is still confusing to me. he said that the reciept date of the F-1-130 do not matter, it is the date the priority date becomes current and when the f-1-130 is adjudicated that matters. BUT -- - -

    here is the example: Form 1-130 filed in 1998, it became current today and Form 1-130 was adjudcicated not until today. The beneficary's age when dterming preference category would be 20 (the beneficiary is 24 today but the petitons was pendiding for 4 years)

    Where did he get 20. Was the 4 years PENDING PETITION deducted from 24 YEARS,the age of the beneficiary?,If we follow the guideline, there are no years between priority date and the adjudication date. In this example, the reciept date played a role.

    The guidelines continue -- if however, this same form 1-130 had been adjudicated in 2000, the beneficiary's age when determining preference category would be 22 (the beneficiary age is 24 today, but the petition was pending for only 2 years)

    I think this example is even more confusing. In this example, the old law will apply. CSPA becomes effective on 8-6-02.

    I know what the quideliner is thinking, but in order not to confuse those concerned, they should give a more current date.

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