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Results 1 to 10 of 10

Thread: CSPA Regulations

  1. #1
    Guest
    dear boni and all CSPA fans,

    i have read some interpretations and it is really clearly stated that once the main beneficiary of the petition ( your parents ) in which you are a derivative beneficiary has the visa already, the derivative child could no longer avail of the CSPA.

    what iam confused is, the law says that CSPA is available to those whose petition was approved but no final adjudication has been made..

    " does this statement mean that if your petition was approved and no visa approval or issuance, then it is not in theory, a final adjudication?"

    by the way boni, i am both a derivative beneficiary of an F3 and an F4 petition. 1988 and 1982, respectively.

    but the ones currently processed right now is the F3 in which iam a derivative beneficiary. the papers are still being processed by the NVC specifically the affidavit of support by the main sponsor ( my grandmother USC-my mother's mom ) and the interview and medical is expected to be on november or late this year.

    does this mean i am really entitled to the CSPA as what my lawyer says because even though the petition was approved but there has been no VISA issuance yet as they are yet to be on an interview and medical, right?

    so, am i really entitled as what lawyer says?

    and so, only few will be benefited by this..it is not really in theory, retroactive but it is selective...i feel sorry for those who will not be able to benefit from CSPA like NIMISH..

    thats the law..what can we do to help others?

    thanks,
    antman23

  2. #2
    Guest
    dear boni and all CSPA fans,

    i have read some interpretations and it is really clearly stated that once the main beneficiary of the petition ( your parents ) in which you are a derivative beneficiary has the visa already, the derivative child could no longer avail of the CSPA.

    what iam confused is, the law says that CSPA is available to those whose petition was approved but no final adjudication has been made..

    " does this statement mean that if your petition was approved and no visa approval or issuance, then it is not in theory, a final adjudication?"

    by the way boni, i am both a derivative beneficiary of an F3 and an F4 petition. 1988 and 1982, respectively.

    but the ones currently processed right now is the F3 in which iam a derivative beneficiary. the papers are still being processed by the NVC specifically the affidavit of support by the main sponsor ( my grandmother USC-my mother's mom ) and the interview and medical is expected to be on november or late this year.

    does this mean i am really entitled to the CSPA as what my lawyer says because even though the petition was approved but there has been no VISA issuance yet as they are yet to be on an interview and medical, right?

    so, am i really entitled as what lawyer says?

    and so, only few will be benefited by this..it is not really in theory, retroactive but it is selective...i feel sorry for those who will not be able to benefit from CSPA like NIMISH..

    thats the law..what can we do to help others?

    thanks,
    antman23

  3. #3
    Guest
    Hi Antman,
    Yes I think you're covered according to the interpretation, since your case hasn't been given a final determination yet.

    However I have a question about the interpretation provided by the INS. There is an example that states: suppose a "child" filed the petition when he's 20 and the I-130 is adjudicated when he's 22 and the visa number becomes available when he's 24, then his age is determined to be 22. Is that a possible scenario? How can someone's case be adjudicated before the visa number becomes available?

    Thanks!

  4. #4
    Guest
    there two conditions to consider:

    1. the petition was approved the enactment of cspa,

    2. there is no final determination yet of the beneficiary's application for an immigrant visa or adjustment status.

    Note that #2 speaks now of VISA, not the PETITION anymore. It means that when the BENEFICIARY'S papers were still under process by the local consulate and the CSPA became effective, the child is covered. If you fall under this situation, you are covered. If the visa application was adjudicated after the law,not covered.

  5. #5
    Guest
    I noticed that your mom's visa application is still under process, no final determination as yet. I believe you are covered.

    good luck, see you here in Los Angeles.

    I sorry to say my nephews are not covered because their mom's visa was handed over to her 0n 8-5-02, a day before the effectivity of the law.

  6. #6
    Guest
    hello,

    after reading the interpretation of section 3 number 17..do u think im still entitled to the
    CSPA?

    thanks,
    antman23

  7. #7
    Guest
    Dear antman:

    I have followed all your posts with interest. My take on it is as follows:

    I will not address children of USC issues as they are crystal clear. The critical issues are F3& F4 derivatives such as yourself.

    The CSPA helps those people who have aged out and their initial visa petitions took a long time to be approved. That would give them the "time slack" that is needed to be subtracted form the derivative beneficiary's age ( such as you). Unfortunately, in the old days the petitions were approved very quickly and they were usually given a "priority date" on the basis of the application date. That is why the "pending" part of the law will not help you at all.

    Boni may recall some posts I had made as guest regarding the definition of "pending" along these lines.


    The section that may be relevant to you and others is regarding the 'RETENTION OF PRIORITY DATE". The State department cable was silent on it.

    If Boni and others are correct on its interpretation, that would mean that your age for immigration will be considered to be over 21. Then, immediately your visa case will be converted to F2B category with a priority date of
    your uncle/aunt's filing date. Since the cut off date for F2B visas ( for your country )is Feb 1, 1994 as of this month, you should get the visa.

    The state department cable has not addressed this issue at all. That could mean two things. Either, it is crytal clear to them and they will make software changes to IV software and automatically convert those people to F2B, or they are still meeting with the INS regarding the paperwork that will be needed to convert the petitions into F2B and who will sponsor and so forth.

    I believe that legally they cannot just convert the petition. They will have to come up with a form that may have to be signed by the beneficiary ( your mom )of your uncle/aunt's petition and now the petitioner for you under F2B. You see government departments cannot just issue the visa. They need a paper trail. Right now the law is talking about retention of priority date. These guys need to come up with a mechanism to transfer the priority date of the old petition to the new F2B petition.

    That is why I believe that you cannot give up till the final interpretations from the State Dept are in and the INS has issued its regulations.

    Good Luck

  8. #8
    Guest
    about your talk it is means that the orginal people of F2B cases will see another delay of the processing time to the F2B and maybe take more than the current time it is processing or what? please provide help on this ?

  9. #9
    Guest
    Hey!
    Did you even read the interpretation? It says clearly:

    "For this section, visa availability is defined to require both a current priority date and an approved petition. The number of days a petition has been pending is calculated from the date the petition was filed to the date the petition is adjudicated."

    Note the word "adjudicated!" The example provided justifies it. So if I interpretated the above paragraph correctly, antman32 should be considered under 21. As for the issue he raised (#17), I am sorry but I do not know.

    Nab, I think it's hard to say if the original F2B cases will be delayed. It all depends on the number of cases that are being moved from F4 to F2B. However, don't forget that some of the people from the F2B will be able to move to F3 with retention of their priority dates. F3's priority date is currently 1996.

  10. #10
    Guest
    thanks for your reply,this is me again,so can we say maybe the orginal F2B not delay but forward faster? and let's take my case my priority date is sep 95 ,and the cutoff dates now is feb 94 from your Experince when i should recieve packet 3 ? and process my visa , it is within year and half?i wish you give me clear answer,
    thanks in advance.

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