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Results 1 to 10 of 10

Thread: To All The CSPA Fans Important News Please Read!!!

  1. #1
    Guest
    To Everyone Who is Concerned With CSPA.

    I had gone this morning to U.S. Consulate in (Mumbai) India, to inquire when the regulations regarding the New Age Out Law will be Passed by the INS. Its Seems like the INS has already finalised the regulations, and the sad & disappointing news is that the Law has not been given a retroactive effect, It will not benefit cases in which a final determination for visa has been already made for the parent beneficiary before 6th of August 2002. The law will only benefit Derivative children of new cases after its effective date i.e. 6th August 2002.
    So i am very much disappointed that i too have been left behind and could not get the benefit of the New law. And i dont know how many people like me will be facing such problems. I think its very injust on the part of the INS to not to think of the many people who will not get the benefit from the law and will have to wait years and years more to unite with their family out over there.
    I am really helpless and dont know what to do?


    Nimish....

    e-mail :nimish_kadakia@hotmail.com

  2. #2
    Guest
    To Everyone Who is Concerned With CSPA.

    I had gone this morning to U.S. Consulate in (Mumbai) India, to inquire when the regulations regarding the New Age Out Law will be Passed by the INS. Its Seems like the INS has already finalised the regulations, and the sad & disappointing news is that the Law has not been given a retroactive effect, It will not benefit cases in which a final determination for visa has been already made for the parent beneficiary before 6th of August 2002. The law will only benefit Derivative children of new cases after its effective date i.e. 6th August 2002.
    So i am very much disappointed that i too have been left behind and could not get the benefit of the New law. And i dont know how many people like me will be facing such problems. I think its very injust on the part of the INS to not to think of the many people who will not get the benefit from the law and will have to wait years and years more to unite with their family out over there.
    I am really helpless and dont know what to do?


    Nimish....

    e-mail :nimish_kadakia@hotmail.com

  3. #3
    Guest
    your are right, the law will not apply to those petitions approved before its effectivity in which a final determination has already been made in respect to the visa application or adjustment of status. but the law does not say it only apply to petitions filed after its effectivity. it also apply to those petitions approved before the law's effectivity and there is not yet a final determination of the visa application. in your case, your parents are already in US when CSPA was enacted, of course, you are out of CSPA, but if your parents are still in the process of pursuing their visa application on or after the CSPA, I believe you will be covered, But, as you have already said, you are not under the circumstances. For the sake of others who are not now in your situation, that is, if they are still ummarried and they are over 21, the petition, (whoever filed it) will be converted to the proper category, 2b. I hope you and others get my point.

  4. #4
    Guest
    your are right, the law will not apply to those petitions approved before its effectivity in which a final determination has already been made in respect to the visa application or adjustment of status. but the law does not say it only apply to petitions filed after its effectivity. it also apply to those petitions approved before the law's effectivity and in which, there is not yet a final determination of the visa application. in your case, your parents are already in US when CSPA was enacted, of course, you are out of CSPA, but, for the shake of derivative children whose parents are still in the process of pursuing their visa application after the CSPA, I believe they will be covered, if they are ummarried and over 21, the petition, (whoever filed it) will be converted to the proper category, 2b. I hope you and others get my point.

  5. #5
    Guest
    With respect to case posted by Nimish above.

    I am so disappointed because the CSPA will not apply for me since my mom has already got VISA and PR status.

    Atleast it would have benifited for children who did not get VISA since last 5 years because for Others who have applied for visa before 5-7 years they will be geting in near future.And people who apply after CSPA will be benifited.

    But for case like us who missed due to age out and we have applied for VISA last year under F2B and we have to wait.

    CSPA is not for us who are cought in between.

    Any way we thank government for making this law which will help children in future atleast.

    I think lot of people have not benifited form this CSPA since their parents are already given VISA and creats backlog and the purpose of law will well be for future and not for removing backlog in F2b that is now created.

    It totally bad luck!!!!! and wait wait.

    PLEASE NOT: its my opinion please consult person who knows better in this field for your case.


    Thank you all for reading.

  6. #6
    Guest
    What about those whose parent's adjustment of status applications are being processed, does that law apply to them? I mean those who are over 21 years of age, say 26, and their parents' applications are being processed, does that law apply to them?

    Wang

  7. #7
    Guest
    hey wang i think u will be definetly covered by the law but only if you are unmarried till now and if the petition in your case was filed before you turned 21. Anyways the best thing for you is to contact to your nearest U.S. Embassy and inquire about it.

    Regards

    Nimish........

  8. #8
    Guest
    Thanks Nimish

    I am already in the United States. I've been living here for 11 years now. My mother came here in 1991 and I accompanied her. We were paroled to the US indefinitely.

    Anyway I wish that law would apply to all those who are in the same situation as you are.

    Reguards,

    Wang

  9. #9
    Guest
    What is going to happen with those who got their derivative asylum before the age of 21 but filled out for AOS to PR after 21. I am in this situation and INS is asking me now( because I am not considered a dependent child anymore) after so many years of waiting, to fill out the asylum application on my own. ???? Is this asylum form just a formality or I must show proof of persecution if I return home> ? Thank you

  10. #10
    Guest
    To all those interested in CSPA :

    Boni has raised interesting issues about the retention of priority dates and conversion to F2B. This looks goods in principle after CSPA. However, it will further hurt those who were aged out in the last few years including this year prior to August 6, 2002.

    Let me explain why. If these new derivative beneficiaries are covered under CSPA, then they will have a priority date for their F2B petitions that may be from Oct 1, 1990 ( for F4 derivatives ) or earlier based on their uncle/aunt's petition filing date. This would mean that these people will get the visas "before" the F2B beneficiaries whose petitions were filed in 1994 or 1995 and later. Remmber F2B is not immediate category. There are quota restrictions. This would mean that the priority date will move slowly for people who were aged out recently till the new CSPA beneficiaries get their visa.

    I hate to be the bearer of bad news but I feel that these realistic scenarios must be discussed on this board.

    Please let me know if I am wrong in my analysis.

    Good Luck to all

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