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  • CSPA another alternative to CASE like me

    I have another scenario that I think would be helpful to others please read and send me your opinions.

    My Dad, went to U.S. Last June 2000, to visit his Father because it his birthday. That time I was only 19 turning 20 years old. After 1 month, my father decided to stay foot and applied for ADJUSTMENT OF STATUS. This was a law the Pres. Clinton then signed. In summary, the law said that all Alien that is in U.S. at the time of this Law Signed (by Pres. Clinton) that has a APPROVED PETITION will not need to go home to wait for their Immigrant Visa, Provided that they will be in the country not later than April 2001 or June 2001. I'm not sure.
    Because of that my Aunt and Uncle went to U.S. and ADJUST their status as well.
    The reply of INS to my dad for his ADJUSTMENT of STATUS was to wait for 18 Months. Other than that no APPROVAL was given. I read in some articles that ADJUSTMENT OF STATUS is APPROVABLE when FILED. With that we are confident that my DAD's application will be approved. SO, 18 months has lapse, still no response from INS. They wrote a letter to INS informing them of such lapse, INS respond and said wait for the schedule of your Finger Printing. After a month INS scheduled my DAD. And Later that month he obtain his long awaited Finger Printing. INS personnel then said wait for 3 months for your medical examination schedule. After 3 months, they wrote again to INS informing them of such lapse. INS never responded after that, while waiting for possible response my grandfather
    received a letter from NVC telling him that his children including my DAD, have VISA number avilable for them. This letter from NVC was received last month, August.

    Up to now, the ADJUSTMENT OF STATUS of my dad was never approved or declined. I think I can use this case for CSPA. His ADJUSTMENT OF STATUS was not yet ADJUSTICATED, and so the VISA NUMBER is now available. With that I know I am qualified for CSPA, why ? because no approval for his ADJUSTMENT of STATUS up to now. That when the VISA NUMBER becomes available my age if Frozen.

    WHAT do YOU GUYS THINK ? Will that be ok, if my dad filed me for CSPA from his Adjustment of Status not from my grandfather's Petition ?

    I am still a Derivative Beneficiary removing the age of the years PENDING which is 2 years. I'll be 20 then.

    Please Give your opinions.

    Thanks,

    MelJay

  • #2
    I have another scenario that I think would be helpful to others please read and send me your opinions.

    My Dad, went to U.S. Last June 2000, to visit his Father because it his birthday. That time I was only 19 turning 20 years old. After 1 month, my father decided to stay foot and applied for ADJUSTMENT OF STATUS. This was a law the Pres. Clinton then signed. In summary, the law said that all Alien that is in U.S. at the time of this Law Signed (by Pres. Clinton) that has a APPROVED PETITION will not need to go home to wait for their Immigrant Visa, Provided that they will be in the country not later than April 2001 or June 2001. I'm not sure.
    Because of that my Aunt and Uncle went to U.S. and ADJUST their status as well.
    The reply of INS to my dad for his ADJUSTMENT of STATUS was to wait for 18 Months. Other than that no APPROVAL was given. I read in some articles that ADJUSTMENT OF STATUS is APPROVABLE when FILED. With that we are confident that my DAD's application will be approved. SO, 18 months has lapse, still no response from INS. They wrote a letter to INS informing them of such lapse, INS respond and said wait for the schedule of your Finger Printing. After a month INS scheduled my DAD. And Later that month he obtain his long awaited Finger Printing. INS personnel then said wait for 3 months for your medical examination schedule. After 3 months, they wrote again to INS informing them of such lapse. INS never responded after that, while waiting for possible response my grandfather
    received a letter from NVC telling him that his children including my DAD, have VISA number avilable for them. This letter from NVC was received last month, August.

    Up to now, the ADJUSTMENT OF STATUS of my dad was never approved or declined. I think I can use this case for CSPA. His ADJUSTMENT OF STATUS was not yet ADJUSTICATED, and so the VISA NUMBER is now available. With that I know I am qualified for CSPA, why ? because no approval for his ADJUSTMENT of STATUS up to now. That when the VISA NUMBER becomes available my age if Frozen.

    WHAT do YOU GUYS THINK ? Will that be ok, if my dad filed me for CSPA from his Adjustment of Status not from my grandfather's Petition ?

    I am still a Derivative Beneficiary removing the age of the years PENDING which is 2 years. I'll be 20 then.

    Please Give your opinions.

    Thanks,

    MelJay

    Comment


    • #3
      correction:
      it is ADJUDICATED not ADJUS....

      thanks.

      Comment


      • #4
        dear meljay,

        i think that case should be consulted with a lawyer because it actually is not within the normal course of the petition flow ( i.e coupled with an accessory clause a.k.a the law signed by
        clinton )

        the law of clinton says that there should be physical existence in USA as to when the date of the law was signed.

        and so, were you in the US then? because it only applies to individuals who were peresent in the US then, regardless of whether you're a main beneficiary or a derivative beneficiary.

        and so your dad qualifies for an adjustment of status but it does not carry with it or extends it to you since basically in theory, the F3 petition that you carry is still subject to quota and is a family preference category petition.

        if you were in the US then, then it is very much
        probable that you are an LPR now considering that law signed by clinton.

        let's still hope for that retention of the priority date..hopefully, we will be able to avail of this.

        hope for the best,
        antman23

        Comment


        • #5
          To Antman
          Yeah, good comment antman but I read my dad's application for ADJUSTMENT OF STATUS and I saw the names of my family members and myself as derivative beneficiary. I know for a fact that is not the normal course of the law but since it is written there that we are the people travelling with him I think we have a very good chance with this one. Until now his application is Pending, the one that is in-process is his petition from my grandfather. If I am not entitled to claim this, why was my name included in his application ?

          Please comment on this...

          Thank you all.

          Comment

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