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Results 1 to 3 of 3

Thread: CSPA COMMENT TO BONI

  1. #1
    Guest
    Comment to Boni

    yes you are right boni as the CSPA new law provides the age of the derivative child is determined based on the date that the visa number
    becomes available to the parent but it is QUALIFIED..the statement has been qualified per what the law provides:


    meaning the age of the child is determined on the date visa number becomes available to the parent LESS OR REDUCED BY THE NUMBER OF DAYS/MONTHS/YEARS
    THAT INS INCURRED DELAY..the only argument that INS will have to determine is whether from which passage of time will they consider delay:

    either from the time 130 file has been filed or the time that INS acknowledges receipt.

    READ THE ANALYSIS OF THE CSPA i posted in this forum and you will understand and be enlightened by it. It's very precise, the conditions and requisites of law are there.

    god bless

    antman23

  2. #2
    Guest
    Comment to Boni

    yes you are right boni as the CSPA new law provides the age of the derivative child is determined based on the date that the visa number
    becomes available to the parent but it is QUALIFIED..the statement has been qualified per what the law provides:


    meaning the age of the child is determined on the date visa number becomes available to the parent LESS OR REDUCED BY THE NUMBER OF DAYS/MONTHS/YEARS
    THAT INS INCURRED DELAY..the only argument that INS will have to determine is whether from which passage of time will they consider delay:

    either from the time 130 file has been filed or the time that INS acknowledges receipt.

    READ THE ANALYSIS OF THE CSPA i posted in this forum and you will understand and be enlightened by it. It's very precise, the conditions and requisites of law are there.

    god bless

    antman23

  3. #3
    Guest
    to antman23
    I think the law you are citing is not applicable to derivative children, it applies only to parent whose sons and daughters are out aged when the visa numbers becomes available. With respect to beneficiaries' children, they are not aged out when the beneficiary's application is still pending on or after the law becomes effective, that was on 8-6-02, when Pres. Bush signed it. I hope I am right on this, but let us wait for the rules that will be promulagated by INS, and that will take months I believe. Rules of that nature are retroactive.

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