cspa

[thedoc1980]

i just wanna ask the million dollar question
under CSPA should derivatives of f4 cat. get to retain their original petition date while being transferred to f2 cat.? it did not happen to me so what can i do to get it ?? please put forth your opinions

[thedoc1980]

i just wanna ask the million dollar question
under CSPA should derivatives of f4 cat. get to retain their original petition date while being transferred to f2 cat.? it did not happen to me so what can i do to get it ?? please put forth your opinions

[thedoc1980]

hey guys still waiting for your help . has anybody out there got benefit in my case under CSPA?

[jenna]

can you give more info about your situation? Priority date when u turned 21 . . .

[thedoc1980]

hi jenna
my aunt(mom's sister) filed our immi. in jan 1993. the date became current in july 2005. i was born june 1982 so i was already 23 by then .but i turned 21 after august 2002 (when CSPA was introduced). any more info u need?

[thedoc1980]

and yes our petition was pending for only 3 months so there is no way i can seek any benefit under that . i am just looking for retention for my original priority date of jan 1993 when i am transferred to f2 cat.

[aneri]

Hej thedoc1980, why would you transfer from f4 -> f2 if the visa number has been available since july 2005? Were you told you aged out?

what do you mean your petition was pending for 3 months? what about January 93 -> July 2005?

[thedoc1980]

answer to your first question-yes i was told i had aged out. they did not even call me for the interview , as i was over 21 years of age by the time our date became current.so i did not get a visa.
so now my mom filed a new immigration petition
for me(under sons and daughters of us immigrants ie f2). under CSPA i am supposed to retain my original
priority date of jan1993 and get the visa immediately(as the priority date current in f2 is somewhere around 2001 i think).
answer to your second question- the petition was pending for only 3 months and not 12 years because
it is the delay due to administritive reasons and processing that is considered as pending (3months)and
not the delay due to over sudscription.

[aneri]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
what do you mean your petition was pending for 3 months? what about January 93 -&gt; July 2005? </div></BLOCKQUOTE>
I should know better than asking a question like that (as I know the difference)....thanks for your respons anyway.

[gkg]

Hello

I came accross a case recently that ruled in favour of the "child" and she did retain the old priority date!!. Here is the link

http://www.bibdaily.com/pdfs/Garcia%20web1034.pdf

Now I am wondering when the BIC will instruct the US embassies to apply this accross the board to all such cases.

Lets hope it comes through - my daughter aged out by just 40 days.

[thedoc1980]

hi gkg
just 40 days man that ****s . i feel your pain.
lets hope that the embassies start following CSPA which on paper clearly states retention of priority dates.
waiting this long and getting screwed like this ****s .
keep in touch and if there are any new developments on this front please post them .
thanks

[thedoc1980]

oops i am sorry i did not know you cant say ****s on this forum my bad

[gkg]

No further progress - lets hope there is some favourable ruling for people whose families are breaking up - and these are people who want to enter USA legally!!

[susie]

Hi

I beleive that 2007 is the year for us

See www.expatsvoice.org for efforts on cspa and compassionate visa