Announcement

Collapse
No announcement yet.

CSPA!for a child turning 21,Holding a V visa.(To antman)

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • CSPA!for a child turning 21,Holding a V visa.(To antman)

    Im here in US holding a V visa (V2) and my parent is an LPR.They gave me that kind of visa because i've been waiting for my F2A petition for almost 4 years now.Because the priority date of my I-130 is Dec.21,1998,and the notice date is june 13,2001.And the current priority date that the national visa ctr. processing is July,1997.My problem is i am now turning 21 this coming november,do i need to go back in my country before turning 21?And am i still qualified to avail the new CSPA law,since ive been waiting for my petition for almost 4 years now?

  • #2
    Im here in US holding a V visa (V2) and my parent is an LPR.They gave me that kind of visa because i've been waiting for my F2A petition for almost 4 years now.Because the priority date of my I-130 is Dec.21,1998,and the notice date is june 13,2001.And the current priority date that the national visa ctr. processing is July,1997.My problem is i am now turning 21 this coming november,do i need to go back in my country before turning 21?And am i still qualified to avail the new CSPA law,since ive been waiting for my petition for almost 4 years now?

    Comment


    • #3
      dear edj:

      You are telling me that all this time your parent could have applied for USC and upgraded your petition to that of an immediate relative and did not do so?

      Comment


      • #4
        Dear Edj:

        I made the above post. Your petition will go into F2B category after you turn 21 and you will be pushed further back. There may be hope. I noticed that your notice date is 2001 and your priority date in 1998. This means that it is possible that your parent filed in 1998 and they did not get approval till 2001. You may be a candidate for CSPA. Since you are in USA, you may want to call a competent attorney or the INS itself in DC and see if the new law can help reduce your "immigration age".

        Good Luck

        Comment


        • #5
          my mother is not yet a USC,because she is afraid that if she is gonna be naturalized. i will not be eligible anymore to receive my F2A petition.My mom filed the petition last dec.20,1998.And we received the approval last july 13,2001.So am i still qualified for the CSPA law?Since in i am turning 21 this november?And what shall i do to stay here in US until i receive that petition?

          Comment


          • #6
            dear edz,

            yes you are very much qualified to avail of the
            child status protection act! the law speaks clearly of your case!! CONGRATULATIONS!!!

            i advise you to get a lawyer to help you with the entire process and for you not to go back in your country, they can give legal advice on how to tackle your case!

            congratulations and enjoy being there with your mom!

            hope for the best,
            antman23

            Comment


            • #7
              Thank you for your advise!Can you please tell me how to get a best lawyer?And do you have any idea how much it cost?Salamat!

              Comment


              • #8
                any answer to my question?

                Comment


                • #9
                  hi edz! you can search over the internet on some of the possible best lawyers in town or you can ask for some referrals.

                  with regards to their fees,i think they go by the hour. and a little bit expensive

                  goodluck to you

                  TO ANTMAN23

                  is the CSPA law already in process? are there already final guidelines? will you be informed by the INS if you qualify with this one? guess just need some more clarifications.


                  thanks and mabuhay!

                  Comment


                  • #10
                    edz i think you can do a search via internet as to the best lawyers but it will be more convenient if it is within your vicinity.

                    my lawyer is atty. gurfinkel whose law office is located at glendale, california. the initial consultation fee is $231.00

                    no, there has been no final guidelines yet issued by the INS.

                    ill keep everyone posted about further developments.

                    hope for the best,
                    antman23

                    Comment


                    • #11
                      not so fast kabayan antman.we do not know yet as to when will edz priority date will become current. If the priority date became current within today and before 11-1-04, he will be qualified.

                      Why? Remember, the number of days, months and years between his filling and approval date is 2 years 5 months and 23 days.

                      By November 2004, he will be 23 years old minus 2 years 5 months and 23 days, the result will be below 21 years old. I do not know his birthday on Nov. 2002, so that I assume Nov. 1 is his 21st birthday.

                      I want to emphazis, that assuming Nov. 1, is his birthday, if after Nov. 1, the priority date became current, cspa, as far as 2A will not apply to him. Probably the "Retention--" will.

                      Comment


                      • #12
                        The current priority date that the NVC processing now is July 1997,And my priority date is Dec.1998,But my notice date is July 13,2001.And i am turning 21 this coming November.So my priority date is behind more than one year.So i think i have to wait for my F2A petition for more than 2 more years.am i corerect?

                        Comment


                        • #13
                          The current priority date that the NVC processing now is July 1997,And my priority date is Dec.1998,But my notice date is July 13,2001.And i am turning 21 this coming November.So my priority date is behind more than one year.So i think i have to wait for my F2A petition for more than 2 more years.am i corerect?

                          Comment


                          • #14
                            Edz, I will try my best to help you based on the facts you gave.

                            Your petition was filed on 12-20-98, I will presume that this date was the receipt date. The approval date was on 7-13-01. This date is your priority date.

                            Now, determine how many days between the receipt date and the approval date. In this case, it 2 years 6 months and 23 days.

                            Now, your age will be locked up on the date your priority date become current. When will your priority date become, we will not know until you receive a notice from the National Visa Center.

                            The formula:

                            Determine your age on the date your priority date become current less the number of days the petition was pending.

                            Example:
                            If on Nov. 1, 2003, assuming that Nov. 1 is your birthday, your priority date became current, you will be 22 years old by then. Subtract 2yrs, 6mos. and 23 days from 22, the result is that your age is below 21. But, it does not end there, you have to seek LPR status within one years from Nov. 1, 2003 to Oct. 31, 2004. what it means is that issuance of visa is not automatic, you have to apply to seek LPR status yet.

                            On the other hand, it your priority date becomes current on the date that inspite of subtracting the number of days pending, you are still 21 years old or older, you will fall under the Retention of Priority Date, but, the good part is that you still retain your priority date.

                            Based on the INS Memo, this is the only interpretation I can think of.
                            (bilang manananggol diyan sa atin noon 20 years ago siguro hindi pa ako laos na maintindihan ang batas)

                            Comment

                            Sorry, you are not authorized to view this page

                            Home Page

                            Immigration Daily

                            Archives

                            Processing times

                            Immigration forms

                            Discussion board

                            Resources

                            Blogs

                            Twitter feed

                            Immigrant Nation

                            Attorney2Attorney

                            CLE Workshops

                            Immigration books

                            Advertise on ILW

                            EB-5

                            移民日报

                            About ILW.COM

                            Connect to us

                            Questions/Comments

                            SUBSCRIBE

                            Immigration Daily



                            Working...
                            X