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Share your Thoughts BONI -CSPA

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  • Share your Thoughts BONI -CSPA

    dear boni,

    there have been so many questions still unanswered about the CSPA and it is understandable because INS has not yet
    publish its implementing guidelines and procedures.

    ive asked the local US embassy here in my country and they said INS will be giving the guidelines
    basically in 60 to 90 days from now.

    i have a question for you just to confirm my status..

    i am a deriavative child/beneficiary of an F3 petition..my mom was petitioned by her USC mother( my grandmother ) last November 1988. I was 10 years old then. but now im 24 years old and still
    single.

    our priority date became current last april of this year and we are currently being processed now but my name was already deleted since i already age out. but my mom already paid for the ins fees, affidavit of support was accomplished and we called NVC and they said probably by late
    October or early November of this year my mom, dad and younger brother will be getting their medical and interview schedules.

    so it means there has been no final determination yet as to the immigrant visa of my mom since we are still currently being process. am i right?

    so do you think i have still the chance to avail the benefit of the CSPA since i met that condition- of my parents not issued a visa yet.

    i will be consulting a US lawyer this week but i had one months ago and he said i could avail of this.

    what do you think are my chances? i have to act fast because i need to meet the condition being stated or else my mom could ask for postponement of their interviews and medical just to give way and accomodate me to process documents and reinstate my name to INS, by that way, they will not be issued a visa yet and i can meet the condition.

    what do you think? pls. advice and comment.

    thanks,
    antman23

  • #2
    dear boni,

    there have been so many questions still unanswered about the CSPA and it is understandable because INS has not yet
    publish its implementing guidelines and procedures.

    ive asked the local US embassy here in my country and they said INS will be giving the guidelines
    basically in 60 to 90 days from now.

    i have a question for you just to confirm my status..

    i am a deriavative child/beneficiary of an F3 petition..my mom was petitioned by her USC mother( my grandmother ) last November 1988. I was 10 years old then. but now im 24 years old and still
    single.

    our priority date became current last april of this year and we are currently being processed now but my name was already deleted since i already age out. but my mom already paid for the ins fees, affidavit of support was accomplished and we called NVC and they said probably by late
    October or early November of this year my mom, dad and younger brother will be getting their medical and interview schedules.

    so it means there has been no final determination yet as to the immigrant visa of my mom since we are still currently being process. am i right?

    so do you think i have still the chance to avail the benefit of the CSPA since i met that condition- of my parents not issued a visa yet.

    i will be consulting a US lawyer this week but i had one months ago and he said i could avail of this.

    what do you think are my chances? i have to act fast because i need to meet the condition being stated or else my mom could ask for postponement of their interviews and medical just to give way and accomodate me to process documents and reinstate my name to INS, by that way, they will not be issued a visa yet and i can meet the condition.

    what do you think? pls. advice and comment.

    thanks,
    antman23

    Comment


    • #3
      Does this law apply to only person who is out side of USA or both in and out? What about a person who is already in the US and was paroled with his/her mother but aged-out? Can this person apply for a green card at the same time as his/her mother?

      Lee

      Comment


      • #4
        antman23, I might have been insonsistent on my previous comments on this regard, but I will try answer your question based on my intrepretation of the law. The amending provision of the law begins like this: "(h) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDRED". Note the word CHILDREN.Under this law if you are under 21, you are consider a child when your parents' visa number becomes available (I think the law refers to the priority date. "For monthly update on the priority dates for which immigrant visas are available, you may call (202) 647-0508". I tried it several times but with no luck) Since you were 23 on April last year, I believe you are no longer treated a child under the law. I have said before let us wait for rules and regulations of the INS on the matter.

        Comment

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