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  • RETENTION OF PRIORITY DATE

    to president,boni,guest and all,

    with all these things being wriiten and answered by MR> PATEL DOES IT MEAN THAT THE RETENTION OF PRIORITY DATE APPLIES TO F4 AND F3 DERIVATIVE BENEFICIARIES ALREADY??

    MY MOM HAS BEEN ISSUED US VISA NOVE. 2002 JUST THIS LAST MONTH, SHE CAN FILE NOW F2B FOR ME IN THE us BUT IS IT PROPER TO SAY THAT I WILL RETAIN THE ORIGINAL PRIORITY DATE WHICH IS 1988.

    WHAT ARE THE THINGS SHOULD I DO?? IS IT REALLY CLEAR NOW???

    SHOULD MY MOM FILE NOW???

    PLS ADVISE URGENT.

    THANKS
    ANTMAN23

  • #2
    to president,boni,guest and all,

    with all these things being wriiten and answered by MR> PATEL DOES IT MEAN THAT THE RETENTION OF PRIORITY DATE APPLIES TO F4 AND F3 DERIVATIVE BENEFICIARIES ALREADY??

    MY MOM HAS BEEN ISSUED US VISA NOVE. 2002 JUST THIS LAST MONTH, SHE CAN FILE NOW F2B FOR ME IN THE us BUT IS IT PROPER TO SAY THAT I WILL RETAIN THE ORIGINAL PRIORITY DATE WHICH IS 1988.

    WHAT ARE THE THINGS SHOULD I DO?? IS IT REALLY CLEAR NOW???

    SHOULD MY MOM FILE NOW???

    PLS ADVISE URGENT.

    THANKS
    ANTMAN23

    Comment


    • #3
      Hi antman23,

      I have posted something in another thread that might give you some direction( see "cspa" started by boni)

      Unfortunately you may not like my line of thought, however i am no lawyer and you may very well have a valid case.

      If you do contact lawyers/NVC/INS regarding your case please do post what you find. It will help me refine my idea of how this act may finaly be implemented.

      easy_cspa

      Comment


      • #4
        Antman, I know that you really want to immigrate to the U.S. i CaN'T BLAME you, its because your famliy are here. But don't despair yet and as much as possible, stay single. You knnow what I mean.

        As long as there is no guideline yet from the INS, WE WILL NOT KNOW what step or steps to do. In the meantime, get busy with your accounting profession and if you do not drive yet, learn how, you will need it here.

        good luck

        Comment


        • #5
          If your mother is already in USA as a PR, I would not waste a day and have her file a petition for you under F2 right away. They will not process the petition for more than 18 months or longer. However, in case a worst case scenario develops with CSPA, at least you have not lost any processing priority for a new F2 petition. You can only lose the filing fee.

          As you can see from this and other forums, there is a school of thought that believes that RETENTION ... does not apply to F3 & F4 derivatives. If this nightmare scenario does become reality, you have to be prepared for it.

          As you know from posts, I do not believe in the above view. My views are similar to Boni except that I believe that "automatic conversion" will not be so automatic in reality.

          At the end of the day, we are not the ones who will grant you the visa. You have to cover all the bases and be prepared for all outcomes.

          Comment


          • #6
            The Child Status Proctection Act is all about children whether f2a,f2b,f3, or f4. Whoever have the notion that f3 and f4 may not be qualified under the cspa is misleading. The Act is primarily directed for the benefit of the children and not for the primary beneficiaries because they do not age out.

            Comment


            • #7
              President, Boni , Guest R and others.....

              Finally some exciting news that will give everyone another reason to cheer during this holiday season.

              Got a letter from NVC to pay the visa fees for aged out children in F4 family immigration case.
              The children are 26 and 23 and the priority became current in Nov 2002.

              I will keep everyone posted and be happy to give details of my case and the letters I wrote to NVC, DOS and the Senator's office.


              easy_cspa

              Comment


              • #8
                Congratulations easy_cspa.
                Please post the full facts of the case and what step were taken in this regard. This will help others to persue their cases.

                Comment


                • #9
                  that is a really good news. Hope to know more details from you.

                  Comment


                  • #10
                    Dear easy-cspa:

                    First of all , CONGRATULATIONS.

                    Secondly, for the benefit of all others, please post exact details of your case with all pertinent facts.

                    Thirdly, please list all action taken at every leverl - NVC, Consulate, Congressman etc. Your case may be a forbearer of the regulations to come. However, in the meantime; at least people can start the process similarly.

                    Lastly, I would like to request posting the same info on the cspa thread started by boni.

                    I would also like your permisssion to post the details of your case on other boards. This may bring hope to a lot of people.

                    Good Luck

                    Comment


                    • #11
                      CONGRATULATIONS EASY-CSPA, please give us the full detail. this is the best news so far in cspa.

                      Comment


                      • #12
                        President, Boni, Umesh and others.

                        I am both surprised and happy at the news. Surprised because I STILL dont know how, without public regulation things got done(and that too SOOOOOO soon). The best I can guess is they have some mechanism in place and the details will be made public soon.

                        In the mean time the case details are:-

                        a) F4 Petition Approved on July 91
                        b) Petition Priority date of Nov 90.
                        c) Two secondary derivate beneficiarys(children) and spouse listed on the orginal petition.
                        d) Original filing date unknown.

                        Time line of events

                        a) Nov 2002 visa number becomes current
                        b) Derivate beneficiarys (children aged 26 and 23) left out by NVC
                        c) Letter NVC to re-instate children
                        d) Letter to Secretary of State for guidance
                        e) Letter to a Senator who belongs to the judicary committe and was instrumental in passing the CSPA.
                        f) NVC sends seperate visa bill for primary beneficiary, spouse and aged out children.

                        Feel free to distribute this information. In the mean time I will prepare template faxes (with my personal information expunged for privacy reasons) based on the ones that I had used and distribute. Hopefully I will have everything ready by next weekend for others to use.

                        I have omitted certain personal details from the above case details as they have no bearing on final outcome. In anyone has any specific questions I will be glad to help.

                        easy_cspa

                        Comment


                        • #13
                          easy_cspa
                          Thanks for sharing your case history. We look forward to have further details as promised by you. Lot of people will get help from your personal experience.
                          Good luck.

                          Comment


                          • #14
                            easy_cspa

                            We of all people fully respect your privacy. I think the critical point here is- what did the trick? Do you believe that the point of contact should be only the NVC?

                            Please feel free to share the generic proforma letters after you expunged them of personal details.

                            Do you believe that all of us should be pursuing letters to the Senator and DOS also( I have always felt that NVC is the agency to write to ). In this day and age of modern electronics, it is not a big deal to write to all. After all, the future of the next generation ( the aged out kids ) is at stake.

                            I would like to request that you post these details on other boards also. This action may give hope to people who have not done anything and are waiting for the regs.

                            Once again, thanks for sharing.

                            Comment


                            • #15
                              Hello,easy and all others.
                              I am entering first time for discussion.
                              First of all congratulation to easy.
                              As my case is same as easy.I havereceived visa call for 22nd Jan,2003 but my children of age 25 & 22 is not included as the Ds 230 form was sent back before enectment of the new law-i.e in June-2002.
                              So easy can you guide me personally on my mail address pankindra54@123india.com the procedure you did as I can inform concern authority before I attend my visa i.e.22nd January-2003.
                              I was watching this discussion since last 15days.And I appreciate the efforts from President,Bony,Umesh and all others who are trying to help public by their knowledge.
                              Thanks again.
                              Easy -can i hope personal guidence on my maiil address?.

                              Comment



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