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Results 1 to 6 of 6

Thread: cspa to tim and meljay

  1. #1
    Guest
    go to www.ins.gov, click INERENET-- click WHAT'S NEW, click ins policy proceedural memoranda. the ins example is still confusing to me. he said that the reciept date of the F-1-130 do not matter, it is the date the priority date becomes current and when the f-1-130 is adjudicated that matters. BUT -- - -

    here is the example: Form 1-130 filed in 1998, it became current today and Form 1-130 was adjudcicated not until today. The beneficary's age when dterming preference category would be 20 (the beneficiary is 24 today but the petitons was pendiding for 4 years)

    Where did he get 20. Was the 4 years PENDING PETITION deducted from 24 YEARS,the age of the beneficiary?,If we follow the guideline, there are no years between priority date and the adjudication date. In this example, the reciept date played a role.

    The guidelines continue -- if however, this same form 1-130 had been adjudicated in 2000, the beneficiary's age when determining preference category would be 22 (the beneficiary age is 24 today, but the petition was pending for only 2 years)

    I think this example is even more confusing. In this example, the old law will apply. CSPA becomes effective on 8-6-02.

    I know what the quideliner is thinking, but in order not to confuse those concerned, they should give a more current date.

  2. #2
    Guest
    go to www.ins.gov, click INERENET-- click WHAT'S NEW, click ins policy proceedural memoranda. the ins example is still confusing to me. he said that the reciept date of the F-1-130 do not matter, it is the date the priority date becomes current and when the f-1-130 is adjudicated that matters. BUT -- - -

    here is the example: Form 1-130 filed in 1998, it became current today and Form 1-130 was adjudcicated not until today. The beneficary's age when dterming preference category would be 20 (the beneficiary is 24 today but the petitons was pendiding for 4 years)

    Where did he get 20. Was the 4 years PENDING PETITION deducted from 24 YEARS,the age of the beneficiary?,If we follow the guideline, there are no years between priority date and the adjudication date. In this example, the reciept date played a role.

    The guidelines continue -- if however, this same form 1-130 had been adjudicated in 2000, the beneficiary's age when determining preference category would be 22 (the beneficiary age is 24 today, but the petition was pending for only 2 years)

    I think this example is even more confusing. In this example, the old law will apply. CSPA becomes effective on 8-6-02.

    I know what the quideliner is thinking, but in order not to confuse those concerned, they should give a more current date.

  3. #3
    Guest
    this is my other ? is visa number availability date is the same as Form-1-130 becomes current, is Form 1-130 ajudication date is the same as visa application adjudication date?

    visa application is an application for a visas whereas, For, 1-130 is a petition for immigration.

    I might be dump, but, I tell you two, I am confused.

  4. #4
    Guest
    In order not to confuse in the ezxample, the age of the child was 20 when the petition was filed in 1998. So what was done was that the number of days that the petition was pending was subtructed from the age of the child, so that came out with the number 20.

    If we will follow the guidelines, the subtruction will be between the Form-1-130"adjudiction date" and the Form-1-130 "prioirity date becomes current".

    In the example, both dates are "TODAY", SO THE DIFFERNCE MAY ONLY BE DAYS AND MONTHS. SO WHERE DID THE NUMBER 20 YEARS OLD OF THE CHILD CAME FROM.

    cONFUSING !!!!

  5. #5
    Guest
    go back on this site and click MEMO ON CHILD STATUS CHILD PROTECTION ACT. there is the ins guidelines that I am talking about.

  6. #6
    Guest
    Thanks everyone from giving me an info on the procedures. Well from what I've understood the procedures on calculation of PENDING is from the time of Filling to Approval. This means that the Term pending does not include those application that was PENDING for Visa Number to be available or Current Priority Date. As to say, some applications Retrogress but the Visa Number, still unavailable. The remedy that is available to us, if we fall out of the protection,
    is the Retention of Priority Date. to Illustrate the scenario I've given....

    An adult (more than 21 years of age) U.S. citizen has an alien brother; the brother has one son who is 18 years old. The citizen submits an immigration application (I-130) one behalf of the brother (principle beneficiary) and the brother's son (derivative beneficiary) under the fourth preference. The petition is approved 20 months later, and then the son becomes 22 years and 6 months old when the visa number is available.
    Under the old law, the son has aged out. However, under the new law, since the petition was pending for 20 months, these 20 months must be subtracted from the child's age when a visa number became available (22 years and 6 months). Therefore, the son's age is frozen at 20 years and ten months. This means that he is still considered a "child". He also must apply for permanent residence within one year of a visa number becoming available in order to take advantage of this provision of the law.

    Computation :

    1 year = 12 Months

    Filed date = 18 years old
    Approved = 20 months later

    Age of Child of time of approval :
    18.00 + .20 =
    19.6 or 19 years and 6 months

    Visa Number becomes available
    22.6 or 22 years and 6 months

    CPSA Compute :
    22.6 - .20 =
    20.9 or 20 years old and 9 months

    Here the child is eligible.

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