Retention of priority date- CSPA- To Boni and all

BONI and all CSPA "fans",

i have read your reply with regards to the retention of the priority date as to the original petition if the derivative child/beneficiary 21over wasn't able to take advantage of the CSPA in specific case like when the visa number becomes available and the beneficiary is 21 and above and inspite of reduction of the delay and all the "pending" days have been exhausted and yet he's age isn't reduced to below 21, for the purposes of theoretical computation of his age when the visa becomes available..

then he will fall into the appropriate category which basically is the F2B but the consolation that such derivative beneficiary receives is his RETENTION OF THE PRIORITY DATE WITH REGARDS TO HIS ORIGINAL PETITION.

so pls clear this up, your nephew wasn't given a visa under F4 because he's 21 but the time his parents landed in US, they filed an F2b for him and concurrently, your nephews priority date was still the same date that you petitioned him as a derivative beneficiary of your sister ( his mom )?

what's the time frame by which your sister filed an F2b petition to your nephew? is it immediate when they landed in US? or they waited for months?

this is one feature of the CSPA that is great, the retention of the priority date.

so in my case, i'm 24 already and single but my lawyer basically said i can avail of the CSPA in its normal course..i am a derivative beneficiary of an F3 last November 1, 1988 and a derivative beneficiary of F4 last August 17, 1982. I have 2 petitions actually.

so hypothetically, for example, eveything has been exhausted, the visa became available to my parents under F3 was last April, and i was 24 then, let's say the "delay days" weren't enough to theoretically reduced my age to below 21, then
i would fall into the F2b category right?

BUT i will retain my original priority date which is November 1, 1988 ( the original F3 priority date in which iam a beneficiary )..

and good news is, i can immediately process and obtain the visa because here in our homeland F2B being currently processed falls into the 1994 priority date and so using 1988 as my priority date then i can IMMEDIATELY OBTAIN THE VISA since theoretically, I'M very very very current as 1988 is 5 years earlier being current than 1994.

isnt it boni? indeed, CSPA is great but i hope it benefits everyone even for those who haven't met the conditions stated.

comments? violent reactions? clarifications?

hope for the best!

antman23

BONI and all CSPA "fans",

i have read your reply with regards to the retention of the priority date as to the original petition if the derivative child/beneficiary 21over wasn't able to take advantage of the CSPA in specific case like when the visa number becomes available and the beneficiary is 21 and above and inspite of reduction of the delay and all the "pending" days have been exhausted and yet he's age isn't reduced to below 21, for the purposes of theoretical computation of his age when the visa becomes available..

then he will fall into the appropriate category which basically is the F2B but the consolation that such derivative beneficiary receives is his RETENTION OF THE PRIORITY DATE WITH REGARDS TO HIS ORIGINAL PETITION.

so pls clear this up, your nephew wasn't given a visa under F4 because he's 21 but the time his parents landed in US, they filed an F2b for him and concurrently, your nephews priority date was still the same date that you petitioned him as a derivative beneficiary of your sister ( his mom )?

what's the time frame by which your sister filed an F2b petition to your nephew? is it immediate when they landed in US? or they waited for months?

this is one feature of the CSPA that is great, the retention of the priority date.

so in my case, i'm 24 already and single but my lawyer basically said i can avail of the CSPA in its normal course..i am a derivative beneficiary of an F3 last November 1, 1988 and a derivative beneficiary of F4 last August 17, 1982. I have 2 petitions actually.

so hypothetically, for example, eveything has been exhausted, the visa became available to my parents under F3 was last April, and i was 24 then, let's say the "delay days" weren't enough to theoretically reduced my age to below 21, then
i would fall into the F2b category right?

BUT i will retain my original priority date which is November 1, 1988 ( the original F3 priority date in which iam a beneficiary )..

and good news is, i can immediately process and obtain the visa because here in our homeland F2B being currently processed falls into the 1994 priority date and so using 1988 as my priority date then i can IMMEDIATELY OBTAIN THE VISA since theoretically, I'M very very very current as 1988 is 5 years earlier being current than 1994.

isnt it boni? indeed, CSPA is great but i hope it benefits everyone even for those who haven't met the conditions stated.

comments? violent reactions? clarifications?

hope for the best!

antman23

hey antman23 or Boni

Do i send a chance for green card under the latest law of child status protection act?

My case is as under:

My Mothers's Sister had petitioned a file under Family F4 category in Jan 1987. When the file got current after a wait of almost 13 years on November 1999,i had just completed 21 years and 10 days. I had 'aged out' & was not eligible for the visa call. My parents finally got the visa on february 8 2000 & they migrated to U.S. on 1 st April 2000. Since than i am left alone here in India.
So As per the new Age out law i am very much Confused whether it is applicable to my case.
So please let me know whatever information you all have regarding the law and its impication. And also let me know whatever Recent information any one can collect from the INS or any Lawyers.

Please Reply soon on my e-mail or on this meassage board.

Thanx

My e-mail address is nimish_kadakia@hotmail.com

Nimish Kadakia.....

the INS will be issuing the regulations late this month or early next month...

Goodluck to all!

This is definitely goodnews....

your parent don't have to file a new petition.the petition is not disregrarded. what is invovled here is that the category is converted to the appropriate category.if your parent became a GC holder by virtue of an F4 petition, you fall under f2b because you are a child over 21 of GC.by the way antman, my sister is still there, her visa will expire on 2-5-03, I am waiting for the INS for thier guidelines before here comes here. In your case, you may be right, you are reachable but did you read SEC 8,EFFECTIVE DATE, the last section of the law specially PETITION approved before the effectivity of the law "but only if a final determination has not been made on the beneficiary's application for an immigrant visa or adjustment of status to LPR pursuant to such approved petition". I interpret it to mean that if the petition was approved before the effectivity of the law and a final determination on your parent application for an immigrant visa has not been made , you are covered, otherwise, you are not. this # (1)

# (2) on petition pending on or after such date
# (3) on an application pending before dthe Dept of Justice or Dept of State./

Antman, to me, this law is confusing, vague and unfair. Unless the INS's guidelines reflect the true meaning, intent and purposes of Congress, I think it will not serve its purpose.