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Results 1 to 10 of 10

Thread: cspa follow to join

  1. #1
    Hi Folkes


    I am posting my sons case in the hope that others may benefit.



    1. Husband applied for I 140 Sept 2000 and was approved may 2001

    2. Husband applied for I 485 and I 824 for son to follow to join within one year of visa (I 140) approval and before sons 21st birthday

    3. Due to Patriot act, as husbands case was filed before 9/11 then son officially aged out 45 days after his birthday (mid June 2002)

    4. As father submitted I 824 within one year of approval and pending at enactment of CSPA then son is protected under both Patriot act and CSPA


    We have had the following problems though

    1. The 1st I 824 became separated from fathers file, so worked before husbands I 485 was approved. This I 824 was denied Oct 2002 with letter to say send new I 824 once husband's I 485 was approved

    2. Husbands I 485 was approved in April 2004 so sent 2nd I 824 for son soon after

    3. Second I 824 was approved in Aug 2004, The case status says on 11th Aug a cable/fax/phone was made to consulate to complete processing

    4. As we have not heard from consulate in Jan 2005 have contacted congressman to trace file(consulate says never heard of approval from TSC)


    Last up date I have is on 29th April 2005 the consulate are seeking an advisory opinion to see if son is protected by CSPA

    My attorney is cheif liason officer with the DOS as is brillient regarding CSPA. If anyone needs his details PM me

    I agree it would be a good idea to send a petition letter to our congressmen/senator so they can lobby to re-unite families


    Just so you all know I did e-mail the consulate for advise, they said son aged out due to Patriot act, I wrote to the service centre, they said he aged out due to no I 485 filed for son

    Both were wrong in what they said!!!!!!!!! I have a brillient attorney chielf liason with DOS who gives talkes to DOS on this subject (and other subjects) he has confirmed they were both wrong.

    I have read, read and re-read the CSPA and knew myself they were wrong. So the upshot is ,, if you believe your children should be protected , get a good laywer

    If anyone needs help on this subject and would like my attornies details, please pm me

    Regards Sue

  2. #2
    Hi Folkes


    I am posting my sons case in the hope that others may benefit.



    1. Husband applied for I 140 Sept 2000 and was approved may 2001

    2. Husband applied for I 485 and I 824 for son to follow to join within one year of visa (I 140) approval and before sons 21st birthday

    3. Due to Patriot act, as husbands case was filed before 9/11 then son officially aged out 45 days after his birthday (mid June 2002)

    4. As father submitted I 824 within one year of approval and pending at enactment of CSPA then son is protected under both Patriot act and CSPA


    We have had the following problems though

    1. The 1st I 824 became separated from fathers file, so worked before husbands I 485 was approved. This I 824 was denied Oct 2002 with letter to say send new I 824 once husband's I 485 was approved

    2. Husbands I 485 was approved in April 2004 so sent 2nd I 824 for son soon after

    3. Second I 824 was approved in Aug 2004, The case status says on 11th Aug a cable/fax/phone was made to consulate to complete processing

    4. As we have not heard from consulate in Jan 2005 have contacted congressman to trace file(consulate says never heard of approval from TSC)


    Last up date I have is on 29th April 2005 the consulate are seeking an advisory opinion to see if son is protected by CSPA

    My attorney is cheif liason officer with the DOS as is brillient regarding CSPA. If anyone needs his details PM me

    I agree it would be a good idea to send a petition letter to our congressmen/senator so they can lobby to re-unite families


    Just so you all know I did e-mail the consulate for advise, they said son aged out due to Patriot act, I wrote to the service centre, they said he aged out due to no I 485 filed for son

    Both were wrong in what they said!!!!!!!!! I have a brillient attorney chielf liason with DOS who gives talkes to DOS on this subject (and other subjects) he has confirmed they were both wrong.

    I have read, read and re-read the CSPA and knew myself they were wrong. So the upshot is ,, if you believe your children should be protected , get a good laywer

    If anyone needs help on this subject and would like my attornies details, please pm me

    Regards Sue

  3. #3
    Hi Susie,
    My son is also subject to CSPA. I received NOA for an I130 November 23, 2004. He is already 24 then. I did the calculation using the CSPA formula and he is qualified (19 years old since I130 was filed June 2000).
    The problem is - I got naturalised December 23, 2004 - one month after his I130 was approved and priority date became current. This has made it complicated. However - I believe that he should be able to retain his preference category of F2A. If not - he will suffer 5 more years of waiting. I would like to be reunited with him again as we have been separated since 1989 (16 years).
    I am ready to hire a lawyer by August if I still don't hear anything from the US Embassy by then.
    I am based in New York.
    Thanks again.

  4. #4
    Hi, No the problem is some one is not reading the law correctly or do not under stand the CSPA.
    Once you become a Citizen, the I-130 is upgraded to benefit the Citizens family, and the preference category is changed to F2A.
    The system is ok only they need to understand the law, which had been forwarded to the Embassy/Consulate by Cable, some time the cables are not readable even the ink is so light that you cant see the words as well. They might be waiting for hard copy of the info.

    Sue: will you please pass on the name and address of the Attorney.
    By the way where is your son?
    with best wishes to both of you.
    Thanks.

  5. #5
    I'm sure the attorney wasn't from Hofstra Law School...

  6. #6
    Hi

    My Attorney is Jonathan Ginsberg and a member of AILA (Americam Immingration Laywers Assn)


    He is also the liason chief with the DOS. His contact number is 703 385 9500 ex 222

    Please mention my name as it is always nice to know when someone speaks highly of you


    Husband , myself, eldest and youngest child are in USA Florida/Disney area and son is stuck in the UK on his own. Boy does this immigration tear at the heart strings?

    As I said he has been waiting to follow to join rest of his family since Jan 2002


    Regards Sue Ward

  7. #7
    Hi:

    Thank you for the name and address of your Attorney.

    Since he is a UK Citizen, he can come to US on Visa waiver pilot program, and then file I-485.
    Best regards

  8. #8
    Hi

    Sorry He cannot come here on visa wavier then file I 485


    He would be in big trouble!!!!!!!!!My son can come to visit us for up to 90 days a time but he must return to home country. Every time he visits as he is a single male 19-45 travaling along he is always taken for secondary questioning!!!!!! They ask so many questions as to sons intentions. It is for this reason he only visits us once per year


    A visa waiver is for tourists only. British citzens do not need a visa to visit the US


    There must not be any intention to use visa waiver as getting into the us through the back door then change status

    Where or from whom were you given this information? As this is wrong, BIG TIME

    Regards Sue

  9. #9
    I was told by one British Citizen who file for his daughter of 20 years, and she was able to adjust her status.
    He was employed by IBM at that time (2 years ago)

  10. #10
    Hi

    My husband came to US on L1 inter company transfer.

    So wife + children had L2 visa so son could have come to US on L2 then file I 485


    We had a problem because son could not move to US at same time as parents as he was half way through his degree course in the UK


    So husband had to filed I 824 for him to follow to join, but TSC took so long and son became 21years so L1 expired on 21st

    Maybe the person you mention came out on L2 then changed status as this is a possiblility

    Regards Sue

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