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Results 1 to 7 of 7

Thread: CSPA VERY IMPORTANT: READ!!!!!!!!!

  1. #1
    Guest
    dear CSPA fans,

    hello there! i just received a call from my american lawyer ( gurfinkel law office ) in glendale, california and this is what he said:

    for a person to be able to avail of the CSPA considering the conditions being met, the pending period to be deducted is vital factor to be considered.

    PENDING PERIOD used to deduct to an aged-out child means the difference between the date the PETITION was filed and the DATE THE PETITION was approved. So it means, the age of the child will be considered his actual age on the day the VISA BECOMES AVAILABLE minus the pending period which

    : is the date the petition was filed and the date it was approved.

    so for example, if a child is 23 now, then the pending period should be 3 years..

    PENDING period does not mean the INS delays which we thought were the LONG YEARS OF WAITING but is actually the date of petition filed and date that petition was approved.

    with regards to the retention of the priority date, my lawyer said that there is no 100% assurance for derivative beneficiaries, he even mentioned that there is a chance but the parents who will be migrating once they are interviewed by local US embassy should try to inform about their childs age out and ask whether he can avail of the retention date if ever his age is still over 21 even after the substraction of the pending period..or once the parent set foot in USA,. file the petition and ask INS whether the child can retain the original petition's priority date.

    in my case, i just turned 24 so my lawyer said more or less i need a 3 year pending period to be substracted..im still getting the original document where i can see the approval date of my F3 petition but if worst come to worst and the pending period is not more than 3 years to make me less than 21, then theres a small hope i can have with that CSPA and try my chance getting that RETENTION OF PRIORITY DATE once my parents set foot in USA and file my petition anew which i can easily file visa since my priority date as an F3 beneficiary is earlier than the priority date for F2b here in the philippines.

    my lawyer even adviced me, since iam a certified public accountant here in the philippines, to have an employer file an H1-B visa since it will only take months and thats the best option and easiest way.

    CSPA is generally not retroactive. the retention of priority date is my last hope of the CSPA law if my pending period is not more than 3 years.

    so now, i think its the H1-B visa iam aiming at.

    let's still wait for the final INS guidelines but my lawyers have spoken and that's all i can share to all..boni, nimish,arpit,rose,meljay, etc..

    hope for the best,
    antman23

  2. #2
    Guest
    dear CSPA fans,

    hello there! i just received a call from my american lawyer ( gurfinkel law office ) in glendale, california and this is what he said:

    for a person to be able to avail of the CSPA considering the conditions being met, the pending period to be deducted is vital factor to be considered.

    PENDING PERIOD used to deduct to an aged-out child means the difference between the date the PETITION was filed and the DATE THE PETITION was approved. So it means, the age of the child will be considered his actual age on the day the VISA BECOMES AVAILABLE minus the pending period which

    : is the date the petition was filed and the date it was approved.

    so for example, if a child is 23 now, then the pending period should be 3 years..

    PENDING period does not mean the INS delays which we thought were the LONG YEARS OF WAITING but is actually the date of petition filed and date that petition was approved.

    with regards to the retention of the priority date, my lawyer said that there is no 100% assurance for derivative beneficiaries, he even mentioned that there is a chance but the parents who will be migrating once they are interviewed by local US embassy should try to inform about their childs age out and ask whether he can avail of the retention date if ever his age is still over 21 even after the substraction of the pending period..or once the parent set foot in USA,. file the petition and ask INS whether the child can retain the original petition's priority date.

    in my case, i just turned 24 so my lawyer said more or less i need a 3 year pending period to be substracted..im still getting the original document where i can see the approval date of my F3 petition but if worst come to worst and the pending period is not more than 3 years to make me less than 21, then theres a small hope i can have with that CSPA and try my chance getting that RETENTION OF PRIORITY DATE once my parents set foot in USA and file my petition anew which i can easily file visa since my priority date as an F3 beneficiary is earlier than the priority date for F2b here in the philippines.

    my lawyer even adviced me, since iam a certified public accountant here in the philippines, to have an employer file an H1-B visa since it will only take months and thats the best option and easiest way.

    CSPA is generally not retroactive. the retention of priority date is my last hope of the CSPA law if my pending period is not more than 3 years.

    so now, i think its the H1-B visa iam aiming at.

    let's still wait for the final INS guidelines but my lawyers have spoken and that's all i can share to all..boni, nimish,arpit,rose,meljay, etc..

    hope for the best,
    antman23

  3. #3
    Guest
    I have posted my opinion on the guidelines of a certain ins commissioner and the guidelines is very much different from your atty's.

    There, the guideline speak of Form-1-130 priority date "becomes current", in fact date of reciept of Petition do not count. It also speak of Form-1-130 "adjudication date" not of visa application date availability.

    I quote part of the guidelines: "we will not be looking at the Form-1-130 reciept date to determine whether an individual over 21 can continue to be classified as a child for immigration purposes.

    Rather, the feneficiary's age will be locked in on the date that the priority date of the Form-1-130 becomes current.


    If will not go further, I hope you have read my previous posting.

  4. #4
    Guest
    Yep, Opinions of every lawyer eats you up and messes your will. Anyway, it so simple since we are all waiting for INS guidelines let's just hope for the best. Right now I am waiting for NVC's response to my father's appeal. Visa Number is now sent to my parents and they are now available, I was not included so they've appealed. I 'll inform you guys of any response. We hope the law is interpreted thw way we read it.

  5. #5
    Guest
    Under sec.3, those age out children whose priority date becomes current on and before 8-6-02 are out of the cspa because cspa because effective on 8-6-02, You can not possibly availed of the presciptive period of one year to seek LPR status. The one year begins from day one when the priority date became current.

    The second example cited in the MEMO is difinately impossible, He cited year 2000 when priority date became current, how can you apply to seek LPR wihtin one year when cspa is not yet a law besides, one year period is within 2000 and 2001, the old law applies in this case.

  6. #6
    Guest
    Instead of saying this and that, has anyone asked the INS personally? I mean if someone wants to be sure on this matter, go to the INS office and ask in person. So far, nobody seems to be sure about this yet.

    Tim

  7. #7
    Guest
    I know of a petition send sometime on 12-27-97, the petitioner recieved the NOTICE OF RECIEPT which states 12-29-97, again he recieve the NOTICE OF APPROVAL dated 12-28-97, this 12-28-97 is the priority date, Up to now I think the current priority for that date for the Philippines is somewhere Nov. 1994.

    What I mean is that the 3 items above are totally different thing. Your lawyer speak of filling date and approval date of form-1-130. In the case cited above, there are no years or months to be reduce, not even one day becuase the approval date is the same as the riceipt date (probably this is the filling date)

    If you will read the MEMO it speaks of 1-130 priority current date and 1-130 adjudication date but not of filling and approval date as your lawyer alleged.

    Read the examples in the MEMO, to me, it still is confusing, specially, the second example.

    Remember, priority date of age out children that become current on and before 8-6-01, can not avail of the cspa, cspa became effective on 8-6-02. The reason: you can not avail of the 1 years presciptive period to seek LPR statusProbably Rentention of Priority date will apply.

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