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Thread: Child Status Protection Act

  1. #1
    Guest
    Dear sir,


    I would like ot know whether I can take the advantage of CSPA Act. The problem is as stated:

    Green card petition was filed for my father by his brother under F4 category. Our priority date is 26th July 1990.

    My DOB: 9th Aug 1981.
    Turned 21 on : 9th Aug 2002

    Priority date turned current: September 2002.
    I-130 form approved on : 14 Aug 1990.

    I am not sure about the I-130. My uncle faxed me the form and it says that
    The above petition is approved and the notice date is 08/14/90 but nothing is specified when it was approved. The above date seems to be the notice date and i not sure whether that is the approval date but anyways the approval date will be somewhere before this date.

    So according to the formula :
    approval date(14 aug 1990) - Priroity date(26th July 1990) = 19 days.

    Priority date turning current(September 2002) - Turning 21(9th Aug 2002)=21 days.

    so wht do you think about my case. what is the next step I should take. Pls reply as early as possible.

    Thanks,
    Yogi Mehta.

  2. #2
    Guest
    Dear sir,


    I would like ot know whether I can take the advantage of CSPA Act. The problem is as stated:

    Green card petition was filed for my father by his brother under F4 category. Our priority date is 26th July 1990.

    My DOB: 9th Aug 1981.
    Turned 21 on : 9th Aug 2002

    Priority date turned current: September 2002.
    I-130 form approved on : 14 Aug 1990.

    I am not sure about the I-130. My uncle faxed me the form and it says that
    The above petition is approved and the notice date is 08/14/90 but nothing is specified when it was approved. The above date seems to be the notice date and i not sure whether that is the approval date but anyways the approval date will be somewhere before this date.

    So according to the formula :
    approval date(14 aug 1990) - Priroity date(26th July 1990) = 19 days.

    Priority date turning current(September 2002) - Turning 21(9th Aug 2002)=21 days.

    so wht do you think about my case. what is the next step I should take. Pls reply as early as possible.

    Thanks,
    Yogi Mehta.

  3. #3
    Guest
    The reciept date and the approval date is not clear. But anyway. you said you are 21 years old and 12 days on August 9, 2002, it goes to show that you are 21 years 1 month and 12 days on September 2002, the date 1-130 became current. Count the days between the reciept date and the approval date and minus it from 21 yrs 12 mo. and 12 days. The result will be your age on the date the 1-130 became current.

    As I see it, it is probable that you are 21 or older. Your best bet then is the Retention of Prioirty date. It means the petition shall automatically be converted to the appropriate category. Many people is asking how to convert, I say, wait for the ins guidelines.

    Good luck

  4. #4
    Guest
    I filed 130 my daughters petitions as 2a when they have 20 years 10 months and 17 years at that time I was a permanent resident that was in March 1997 and have priority dates of May 1, 1997, now they are 25 and 22 years old and since this year I am USC, in which Section can have some benefit my daughters, I read and read an really cant understand so well.. some times I believe is Section 6 but that was if they were 2 B. or somthing like this, I understand everything now is only appreciations but as you understand it will benefit my daughters case.

  5. #5
    Guest
    So desperate:

    Your wait may be over!

    If your children have the priority date of 1997 and you have become a US Citizen. You must do the following:

    1. Run now and make 2 copies of your Naturalization certificate.

    2. Make 1 copy each of the approval notice from INS.

    3. Write a separate cover letter for each petition referencing the receipt numbers, petition approval date etc and request an immediate change of the preference from F2B to F1 as your children are now unmarried, over age 21 children of a US Citizen. This letter should go to the National Visa Center in Portsmouth New Hampshire. Please send each letter separately by Certified Mail.

    4. The F1 Priority date is March 15, 1999 right not for every country except Mexico and Philippines. If you are not from either country, your children can get the visa ASAP since their priority date is older. They may also want to contact a US Consulate to see if they can Packet 3 from the consulate or they can download it from NVC web site.

    If your children were born in Mexico the F1 Priority Date is Jun 1, 1991 and Philippines is Feb 1, 1990. If they were born in Philippines, they may want to opt out of the conversion to F1 and stay in F2B as the F2B date for Philippines is March 1, 1994.

    Ps I am not an attorney, you may want to contact an attorney if you believe that you need further legal assistance.

    Good Luck

  6. #6
    Guest
    Thats my question, because now the priority dates are longer than before, I already change to category F1, but I really dont understand if I am USC and they fill as 2A did they have to be as 2B or as the LPR retention of category. it is pretty weird since 5 years ago the F1 has a priority date of Aug.93 and continued like that for one year , we spend 5 years and now the category is 1991. during 5 years instead go forward go backward for 2 years how do you think I can see when they will here with me.... 5 years plus de 6 missing are going to be 11 years.....that was my question if the retention date as 2A will retained or must to be as 2 b in Section

  7. #7
    Guest
    so desperate

    Just as you became a USC, others are also becoming a USC. When all the new citizens are requesting the change for their children from F2B to F1. This results in a backlog. That sometimes causes the preference category to move back, not forward.

    I am sorry if I raised your hopes. Frankly, I do not think F1 will move much in the coming months/years, unless the new bill by Gephart is passed in the next Congress. It proposes to eliminate numerical limits for IR categories and that may ease up the pressure on the Preference Categories. That is just a proposal geared towards election. Who knows what will happen in the next Congress.

    You children should concentrate on their lives and get married if they want to ( you can then convert them to F3 ),because this could be a while. It does not make sense to put their lives on hold, waiting for the visa to come through.

    Good Luck

  8. #8
    Guest
    Yes thats true, They have bofriends since 3 or 4 years ago, and I was just trying first to bring here and then they can get married... but, thats why the peolpe avoid to do the things in theright way because it is a long waiting period to support far away from your love ones... I am missing all their best years unless I decided to move there and left everything here... You are right maybe the time will come soon and then we can be togheter,, anyway that the best of this board when someone can gave and advice and make you fill as you are not alone....... thanks agai

  9. #9
    Guest
    If your children do decide to get married and assuming that you had converted their petition to F1, you can change their petition to F3 with proof of their marriage ( marriage cert etc ). This will make their spouses and their children eligible. Right now F3 for Mexico is 8/15/92

  10. #10
    Guest
    PRISIDENT ,can you please give us more details or link about what you said "the new bill by Gephart" and the possibilities to this come true in your openion,
    thanks

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