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Does CSPA applies to child whose parents already received visa before 6 Aug 2002

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  • Does CSPA applies to child whose parents already received visa before 6 Aug 2002

    Hi,

    My uncle had file petition for my father in Sep 1987. I was family beneficiery in that. The petition was approved by Ins on Sep 1988. One year after petition was filed. When petition become current on 22 May 2000, I was 21years & 6months old. By considering the pending case age calculation I was still under 20. Then my parents received visa on 6 Aug 2001. ONe year befoer the Act. Now Since I was eligible at time petition become current will the Ins give any type of credit to my case thats a question?

  • #2
    Hi,

    My uncle had file petition for my father in Sep 1987. I was family beneficiery in that. The petition was approved by Ins on Sep 1988. One year after petition was filed. When petition become current on 22 May 2000, I was 21years & 6months old. By considering the pending case age calculation I was still under 20. Then my parents received visa on 6 Aug 2001. ONe year befoer the Act. Now Since I was eligible at time petition become current will the Ins give any type of credit to my case thats a question?

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    • #3
      since the visa was already granted to your parents which is a final determination/adjudication on your parent's application for visa, you cannot anymore obtain the visa the same time they obtain it.

      and with regards to the retention of the priority date, i doubt if you are entitled since by the time the CSPA law was signed into law, the visa application of your parent was already finally determined, which means you did not meet the conditions required with regards to the effectivity date- the petition should be pending on or before august6, petition approved before august 6 but no final determination as to visa apllication on or after august 6, and pending in the dept. of justice..etc etc.

      let your parents file an f2b for you the moment they set foot in USA.

      hope for the best,
      antman23

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