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what will happen to the child of a LPR

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  • what will happen to the child of a LPR

    what will happen to the child of a LPR
    ( example who file in 2(a)category but the child got over age before the petition got approve?

    do they have to move on to another category,
    being 2(a)category to 2(b)category? just bec. of the child being age out.

    is it possible for the LPR to file another type of category while the 2(a)categoty is being process, bec. i think at that time the child and the petitioner is aware that he/she is not qualify for the petition.

    can anyone explaine further what could happen to the child of a LPR?

    what can CSPA do? i think that all the child of a LPR gets LESS benifits to this new law CSPA.

  • #2
    what will happen to the child of a LPR
    ( example who file in 2(a)category but the child got over age before the petition got approve?

    do they have to move on to another category,
    being 2(a)category to 2(b)category? just bec. of the child being age out.

    is it possible for the LPR to file another type of category while the 2(a)categoty is being process, bec. i think at that time the child and the petitioner is aware that he/she is not qualify for the petition.

    can anyone explaine further what could happen to the child of a LPR?

    what can CSPA do? i think that all the child of a LPR gets LESS benifits to this new law CSPA.

    Comment


    • #3
      "Move to another category?"

      Yes, if, notwithstanding the age-out extended protection, the child is 21 or older.

      Because your facts are incomplete, I can only presume that the child will fall under this circumstances.

      Comment


      • #4
        If you have read the many posting on cspa, you will know the answer to your question.

        But, here is my opinion, this may give you an idea.
        If the child is 21 or older notwithstanding the "age-out extended protection",there is another protection clause of the law that will apply,the Retention of Priority Date.

        Here is how the "age-out extended protection" work. If the child is 21 years old or older when the visa number became available, that age 21 will be reduce by the number of days the petition was pending.

        Here is how determine the number of days of the pending petition: Count the number of days between the Reciept date and the Approval date of the petition and reduce it to the equivalent of days, months and years.

        If the child is exactly 22 years old on visa availability date and the number of days of pending petition is, say, 1 year and 5 months, then 22 reduce by 1 year and 5 months, the result is that the child is, under the law considered below 21 and therefore, within the scope of the cspa.

        Now let us go back to Retention of Priority Date clause of the law. As I said, if the child is still 21 nothwithstanding the above formula, the age out alien petition shall automatically converted to the appropriate category and that is 2B category. This is a controversal conclusion supported by a majority opinion. Let us hope that the INS guidelines will also support this conclusion.

        There is a question of how to proceed with the conversion. The law did not say how but the INS is mandated by law to issue the gudelines on how to do the conversion. People worry as to when will this guidelines will come out. Generally, guidelines are retroactive, so no worry at all. The INS is pretty much aware of this problem and those concerned will be notified by way of the guidelines or by mail.

        Comment


        • #5
          Boni

          thank you for your suggestion, i really appreciate it.

          Comment



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