Announcement

Collapse
No announcement yet.

CSPA... Aging-out --- (Confused!)

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

  • CSPA... Aging-out --- (Confused!)

    Ok..

    My father (back then as an asylee) filed I-730 for my family (including me, who was 20 at the time) in 1998. We were in the UK at the time. The petition was approved... and an interview was scheduled to complete the process. Few weeks before the interview date, I aged-out (turned 21). So, the INS dropped me off my family list, and ever since then, I never thought about how I could get back on the my family list... but to wait for my dad to become USC and file I-130 for me, which was later approved. Now I am awaiting for priority date to become current.

    In Summer 2002, Child Status Protection was passed... and I was trying to understand IF I qualify. If I do, what would be the next step to benefit from this act.

    I am posting a backgorund of the CSPA act for those who are not familiar with it:


    Source: http://www.ailf.org/lac/lac_pa_010504.asp

    DERIVATIVE BENEFICIARIES OF ASYLEES AND REFUGEES

    The child of an individual granted asylee or refugee status may be granted the same status if accompanying or following-to-join the parent. 8 U.S.C. §§ 1157(c)(2) and 1158(b)(3). The CSPA amends the asylum and refugee provisions by locking in the age of a child on the date that the parent files the asylum or refugee application, regardless of how old the child is when the asylum or refugee case is finally completed. CSPA §§ 4 and 5. Thus, a child who is 20 when the parent files for asylum will retain the status of a child even if the child is 22 when the asylum application is approved. (Note 5)

    There are two ways for a child to obtain derivative asylee status. First, when a child is present in the United States , the parent may include the child on the asylum application. 8 CFR § 208.3(a). In these circumstances, the CSPA will apply if 1) the child was under 21 when the asylum application was filed; and 2) the parent adds the child's name to the asylum application before it is adjudicated. See HR 1209 – Child Status Protection Act (INS Asylum Division) ( Aug. 7, 2002 ) (posted at AILA InfoNet at Doc. No. 02090531). For example, the CSPA will apply if an asylum applicant adds a 22 year old child who is present in the United States to a pending asylum application, provided the child was under 21 when the asylum application was filed.

    Second, if a child is not present in the United States or was not named in the asylum application, the parent may still claim the child as a derivative by filing a Form I-730, Refugee/Asylee Relative Petition, within two years of being granted asylum. 8 CFR § 208.21(c) and (d). Although CIS has not yet addressed this situation, the Executive Office for Immigration Review (EOIR) has provided insight into how the CSPA may be applied to these cases. In a memorandum on conditional grants of asylum due to coercive population control policies, EOIR explained that the CSPA will apply if:

    "¢ The child was under 21 at the time the asylum application was filed; and

    "¢ The parent is granted asylum on or after August 6, 2002, provided the parent follows all of the regulatory requirements for filing the I-730; or

    "¢ The parent is granted asylum prior to August 6, 2002 and the child turns 21 prior to August 6, 2002 , but only if the I-730 was filed prior to August 6, 2002 and remained pending on that date. See Conditional Grants of Asylum Based on Coercive Population Control Policies (EOIR) ( Sept. 30, 2003 ) ( posted on AILA InfoNet at Doc. No. 03100642 ( Oct. 6, 2003 )) . (Note 6)


    Meanwhile...

    On February 14, 2003 the Immigration & Naturalization Service released a second memorandum explaining the criteria for eligibility under the provisions of the Child Status Protection and further explaining the various provisions of the Act. This memorandum is more restrictive than the earlier memorandum and would limit the application of CSPA to a narrow class of cases.

    The relevant and important contents of the memorandum with modifications are set our herein below:

    CSPA Coverage
    In determining whether an alien's situation is covered by the CSPA, begin the analysis by using section 8 of the CSPA. Pursuant to section 8 of the CSPA, the provisions of the CSPA took effect on the date of its enactment (August 6, 2002) and are not retroactive. For adjustment applications based upon a provision of section 204 of the Act, the amendments made by the CSPA to the Act benefit an alien who aged out on or after August 6, 2002.

    If the alien aged out prior to August 6, 2002, the only exception allowed by the CSPA is if the petition for classification under section 204 of the Act was pending on or after August 6, 2002; or the petition was approved before August 6, 2002, but no final determination had been made on the beneficiary's application for an immigrant visa or adjustment of status to lawful permanent residence pursuant to such approved petition, Thus, if an alien aged out prior to August 6, 2002, the petition must have been filed on or before August 6, 2002, and either:

    1. remained pending on August 6, 2002, or;
    2. been approved before August 6, 2002, with an adjustment application filed on or before August 6, 2002, and no final determination made prior to August 6, 2002.

    "Pending" for purposes of the visa petition means agency action on the petition, including an appeal or motion to reopen filed with the Administrative Appeals Office (AAO) or the Board of Immigration Appeals, if such appeal or motion was filed and / or pending on August 6, 2002. "Final determination" for purposes of the adjustment application means agency approval or denial issued by the Service or Executive Office for Immigration Review.


    This is really confusing...

    Thanks.

  • #2
    Ok..

    My father (back then as an asylee) filed I-730 for my family (including me, who was 20 at the time) in 1998. We were in the UK at the time. The petition was approved... and an interview was scheduled to complete the process. Few weeks before the interview date, I aged-out (turned 21). So, the INS dropped me off my family list, and ever since then, I never thought about how I could get back on the my family list... but to wait for my dad to become USC and file I-130 for me, which was later approved. Now I am awaiting for priority date to become current.

    In Summer 2002, Child Status Protection was passed... and I was trying to understand IF I qualify. If I do, what would be the next step to benefit from this act.

    I am posting a backgorund of the CSPA act for those who are not familiar with it:


    Source: http://www.ailf.org/lac/lac_pa_010504.asp

    DERIVATIVE BENEFICIARIES OF ASYLEES AND REFUGEES

    The child of an individual granted asylee or refugee status may be granted the same status if accompanying or following-to-join the parent. 8 U.S.C. §§ 1157(c)(2) and 1158(b)(3). The CSPA amends the asylum and refugee provisions by locking in the age of a child on the date that the parent files the asylum or refugee application, regardless of how old the child is when the asylum or refugee case is finally completed. CSPA §§ 4 and 5. Thus, a child who is 20 when the parent files for asylum will retain the status of a child even if the child is 22 when the asylum application is approved. (Note 5)

    There are two ways for a child to obtain derivative asylee status. First, when a child is present in the United States , the parent may include the child on the asylum application. 8 CFR § 208.3(a). In these circumstances, the CSPA will apply if 1) the child was under 21 when the asylum application was filed; and 2) the parent adds the child's name to the asylum application before it is adjudicated. See HR 1209 – Child Status Protection Act (INS Asylum Division) ( Aug. 7, 2002 ) (posted at AILA InfoNet at Doc. No. 02090531). For example, the CSPA will apply if an asylum applicant adds a 22 year old child who is present in the United States to a pending asylum application, provided the child was under 21 when the asylum application was filed.

    Second, if a child is not present in the United States or was not named in the asylum application, the parent may still claim the child as a derivative by filing a Form I-730, Refugee/Asylee Relative Petition, within two years of being granted asylum. 8 CFR § 208.21(c) and (d). Although CIS has not yet addressed this situation, the Executive Office for Immigration Review (EOIR) has provided insight into how the CSPA may be applied to these cases. In a memorandum on conditional grants of asylum due to coercive population control policies, EOIR explained that the CSPA will apply if:

    "¢ The child was under 21 at the time the asylum application was filed; and

    "¢ The parent is granted asylum on or after August 6, 2002, provided the parent follows all of the regulatory requirements for filing the I-730; or

    "¢ The parent is granted asylum prior to August 6, 2002 and the child turns 21 prior to August 6, 2002 , but only if the I-730 was filed prior to August 6, 2002 and remained pending on that date. See Conditional Grants of Asylum Based on Coercive Population Control Policies (EOIR) ( Sept. 30, 2003 ) ( posted on AILA InfoNet at Doc. No. 03100642 ( Oct. 6, 2003 )) . (Note 6)


    Meanwhile...

    On February 14, 2003 the Immigration & Naturalization Service released a second memorandum explaining the criteria for eligibility under the provisions of the Child Status Protection and further explaining the various provisions of the Act. This memorandum is more restrictive than the earlier memorandum and would limit the application of CSPA to a narrow class of cases.

    The relevant and important contents of the memorandum with modifications are set our herein below:

    CSPA Coverage
    In determining whether an alien's situation is covered by the CSPA, begin the analysis by using section 8 of the CSPA. Pursuant to section 8 of the CSPA, the provisions of the CSPA took effect on the date of its enactment (August 6, 2002) and are not retroactive. For adjustment applications based upon a provision of section 204 of the Act, the amendments made by the CSPA to the Act benefit an alien who aged out on or after August 6, 2002.

    If the alien aged out prior to August 6, 2002, the only exception allowed by the CSPA is if the petition for classification under section 204 of the Act was pending on or after August 6, 2002; or the petition was approved before August 6, 2002, but no final determination had been made on the beneficiary's application for an immigrant visa or adjustment of status to lawful permanent residence pursuant to such approved petition, Thus, if an alien aged out prior to August 6, 2002, the petition must have been filed on or before August 6, 2002, and either:

    1. remained pending on August 6, 2002, or;
    2. been approved before August 6, 2002, with an adjustment application filed on or before August 6, 2002, and no final determination made prior to August 6, 2002.

    "Pending" for purposes of the visa petition means agency action on the petition, including an appeal or motion to reopen filed with the Administrative Appeals Office (AAO) or the Board of Immigration Appeals, if such appeal or motion was filed and / or pending on August 6, 2002. "Final determination" for purposes of the adjustment application means agency approval or denial issued by the Service or Executive Office for Immigration Review.


    This is really confusing...

    Thanks.

    Comment


    • #3
      Come on people..... Fill me in with your opinions.

      Comment


      • #4
        Basically yes.

        Comment


        • #5
          lost in us

          can you elaborate on that?

          Comment


          • #6
            Everybody mush have been partying this weekend...

            Comment


            • #7
              Hi Mo,
              Even if you are qualified for a visa under child protection act I think it will take longer than if you just wait out the F1 because most likly you will have to go through the package3 filling again then even if your case becomes current it will be a six month wait to get the visa.Just think about it.

              Comment


              • #8
                Sunita...

                But I am in the US (considering my case is read above).

                1st: Do I qualify for the CSPA?

                2nd: If yes, how long will it take if I apply from inside the US.

                Comment


                • #9
                  The CSPA benefits only those aliens who aged out on or after August 6, 2002.

                  Comment


                  • #10
                    The CSPA also benefits people who aged-out prior to August 6, 2002 (read original post). That's why I am trying to find-out if I can be eligible?

                    Comment


                    • #11
                      Exceptions. If an alien aged out prior to August 6, 2002, still can benefit if:
                      1. The petition was pending on August 6, 2002, -In your case the I-730 was approved in 1998; or
                      2. The petition was approved, and an adjustment application was filed on or before August 6, 2002, and no final determination was made prior to Auguts 6, 2002. You never filed for adjustment because you had already turned 21.
                      Therefore you do not qualify.

                      Comment


                      • #12
                        (your parents files asylum application before you reach 21 years old and )for people who aged out before summer of 2002, then the principle asylee's(your parents) approval date must be on or after the date of CSPA law. otherwise, (you must be under 21 years old and )the I-730 case is pending on or after the date of CSPA law. anything else will not be covered by the cspa law

                        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