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retention of priority date - CSPA

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  • retention of priority date - CSPA

    Hi guys,
    I just went to see a lawyer today. My mom's petition (family F4) has become current in December. I know that I've aged out (even after the reduction formula), but when I asked the lawyer about the retention of priority date, he said it doesn't apply to me?! From what I've read (INS docs, posts on this forum, etc), I am pretty sure that I can pretty sure that it does; I just have to wait until my mom gets her green card and, of course, the INS gives the detailed instructions. What do you think? Please share your comments! I am a little confused now because the lawyer seemed pretty confident about what he believes. Thanks!

  • #2
    Hi guys,
    I just went to see a lawyer today. My mom's petition (family F4) has become current in December. I know that I've aged out (even after the reduction formula), but when I asked the lawyer about the retention of priority date, he said it doesn't apply to me?! From what I've read (INS docs, posts on this forum, etc), I am pretty sure that I can pretty sure that it does; I just have to wait until my mom gets her green card and, of course, the INS gives the detailed instructions. What do you think? Please share your comments! I am a little confused now because the lawyer seemed pretty confident about what he believes. Thanks!

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    • #3
      By the way, don't know if it makes any difference.. but my mom will do AOS here in the U.S. since she is on student visa (so am I).

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      • #4
        fire your lawyer.

        AOS is a longer wait. consentrate on cspa. I believe your mom has already recieve the packgage from NVC. Your mom can do it by herself, its easy.

        Difinitely you are covered. Wait for the regulations.

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        • #5
          Thanks for your reply! I felt that the lawyer was a bit questionable also. May I ask you another question? He wanted to charge $1000 extra for "rush service" so he can get my sister's application in before her 21st birthday (this april). He said that he might be able to set up an interview date by her birthday because the INS might speed up the process due to her upcoming birthday. But does it matter? She'll be covered by CSPA even if she doesn't get the applications in when she turns 21, right? Thanks again.

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