Legal Junkies Forums

#1 Community for Legal Questions and Answers

 
Go Back   Legal Junkies Forums > IMMIGRATION LAW > Family-Sponsored Visas

Register FAQ Tags Members List Social Groups Search Today's Posts Mark Forums Read Layout

Notices


Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old 10-17-2017, 07:05 AM   #1
sunsetdolphin
Junior Member
Country:  
sunsetdolphin's Flag is: Philippines
 
Join Date: Oct 2017
Posts: 2
Post CSPA Situation F4

I am a derivative under the F-4 category. Our priority date became current on March 2017 when I was still under the age of 21. After that, I immediately paid for my IV fee, submitted DS-260 and all other documents. Case was complete before turning 21. Interview date was set just 2 weeks after turning 21 and my name is still included in the Interview letter together with my parents names. I just wanna ask if my age has been frozen or if it isn't, will I still be qualified for CSPA since I have already filed DS-260 to "seek to acquire"? Our case was pending for 8 years, so if I do my computation:

Age when priority date first became current: 20 years 6 months
Time case was pending: 8 years
CSPA Age = 12 years
sunsetdolphin is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 10-18-2017, 04:28 PM   #2
AFFA
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 23,015
Default Re: CSPA Situation F4

I wish to inform you that generally CSPA provides age out benefit to principal beneficiary and not derivative beneficiary. In the case of Mayorkas v Cuellar de Osorio it was expressed that CSPA benefit is for principal beneficiaries.

AFF
AFFA is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 10-18-2017, 05:26 PM   #3
sunsetdolphin
Junior Member
Country:  
sunsetdolphin's Flag is: Philippines
 
Join Date: Oct 2017
Posts: 2
Default Re: CSPA Situation F4

Quote:
Originally Posted by AFFA View Post
I wish to inform you that generally CSPA provides age out benefit to principal beneficiary and not derivative beneficiary. In the case of Mayorkas v Cuellar de Osorio it was expressed that CSPA benefit is for principal beneficiaries.

AFF
Really? Why is it written in the USCIS website that CSPA also applies for Preference Classification for Permanent Residence or Derivative. It is written there:

"CSPA allows the time a visa petition was pending to be subtracted from the beneficiary’s biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition."

If you said that derivatives aren't included, how come they wrote this explicitly to protect derivatives from aging out? I also have encountered numerous derivatives who have successfully passed with the protection of CSPA.
sunsetdolphin is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 10-20-2017, 04:07 PM   #4
AFFA
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 23,015
Default Re: CSPA Situation F4

I wish to inform you that the Court had referred to INA 203(h)(3) to allow only the derivative children of beneficiaries under the second preference category which is 2A and allows for the spouses and children of lawful permanent resident to retain the priority date of their parent’s original petition. However this benefit of retaining age may not be available to derivative beneficiaries under any other preference category. Hence derivative of F4 may not be covered.

AFF
AFFA is offline   Reply With Quote


Did you find this post helpful? Yes | No
Reply

Bookmarks

Tags
cspa

This thread has 3 replies and has been viewed 553 times


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Regarding following-to-join for CSPA applicants! nikhilkrn Family-Sponsored Visas 3 12-08-2015 05:04 AM
CSPA - USA Immigration under F4 category ingitmodi Family-Sponsored Visas 3 09-11-2015 07:39 AM
Daughters eligible for CSPA or not? ayesha habib Family-Sponsored Visas 4 09-17-2014 03:50 PM
Computation of CSPA Jobs Family-Sponsored Visas 0 10-12-2010 04:48 PM
Whether I cover under CSPA or not ? Unregistered Family-Sponsored Visas 1 09-25-2010 11:15 AM




All times are GMT -4. The time now is 08:54 PM.


Use of the Forums is subject to our Disclaimer. Copyright 2009-2018 by LegalJunkies.com