I missed out, but don't know why...

[phb30432]

Hi again, I respect what your saying and agree, as I too have been misinformed a number of times by so-called experts telling me things that are way off the mark. But the immigration officer I spoke to seemed adamant that coming every six months is okay, just until my parents have broken ties in the UK. She informed us that she has advised a number of green card holders to do this, and they have successfully managed to retain their green cards and eventually move over for good.

Also, she sounded like she knew what she was talking about, as she offered us a form titled "Applying for re-entry", and explained that it would grant us a two leave from the States, after which a further one year extension can be given. Only after this, she said, must they reside in the US for good, and then after that think about citizenship.

Either way, I am none the wiser with regard to me being issued a green card, it seems such a waste that the family, after waiting eleven years, will have to split up. I am a pharmacist, as are my brothers, so we may try and get a work visa, and may be get a green card that way...

 

[LucyMO]

But the immigration officer I spoke to seemed adamant that coming every six months is okay, just until my parents have broken ties in the UK. She informed us that she has advised a number of green card holders to do this, and they have successfully managed to retain their green cards and eventually move over for good....

she is a fool and is going to lose her job eventually. And those who are following her advice are going to lose their GCs - eventually.

I cannot believe that a real, competent immigration officer would tell you it's OK for a permanent resident of the US to VISIT the US once every 6 months.

 

[TheRealCanadian]

But the immigration officer I spoke to seemed adamant that coming every six months is okay, just until my parents have broken ties in the UK. She informed us that she has advised a number of green card holders to do this, and they have successfully managed to retain their green cards and eventually move over for good.

The problem is that she is just a Customs and Border Protection agent, and not even in the same agency as those who will make the determination about your parents' permanent residency. If you're having chest pains, would you see a dentist?

Either way, I am none the wiser with regard to me being issued a green card, it seems such a waste that the family, after waiting eleven years, will have to split up.

We keep telling you to see an attorney regarding CPSA. Once your parents establish residence in the US, they can file an I-130 for you and probably retain the old priority date, which makes it a very simple process.

 

[phb30432]

Thanks for the good advice. As I'm sure you can appreciate, it is very difficult for somebody to just up and leave the country they have been living in for 30+ years. I understand what you are saying though, and many people have told my parents that a green card must not be treated as a travel visa. However, until everything in the UK is sorted out (i.e. jobs, houses, businesses etc.), what do you suggest they should do to minimise the risk of having their green cards revoked, bearing in my that it is not feasible for them to just "get up and go" any time in the near future?

I am in the process of contacting an attorney named Laurel Scott, recommended to me by a member over at:

http://www.immihelp.com

I will report back accordingly.

Thanks again.

 

[boatbod]

Thanks for the good advice. As I'm sure you can appreciate, it is very difficult for somebody to just up and leave the country they have been living in for 30+ years.

It all depends on your priorities. When my wife and I moved from the UK to the US 10yrs ago, it was on the basis of an H1B opportunity. Elapsed time from job offer to plane tickets was 3 months. We sold our UK house about 6 months after the relocation.

 

[phb30432]

Thanks for the good advice. As I'm sure you can appreciate, it is very difficult for somebody to just up and leave the country they have been living in for 30+ years. I understand what you are saying though, and many people have told my parents that a green card must not be treated as a travel visa. However, until everything in the UK is sorted out (i.e. jobs, houses, businesses etc.), what do you suggest they should do to minimise the risk of having their green cards revoked, bearing in my that it is not feasible for them to just "get up and go" any time in the near future?

I am in the process of contacting an attorney named Laurel Scott, recommended to me by a member over at:

http://www.immihelp.com

I will report back accordingly.

Thanks again.

Hello again, just an update. I underwent an email consultation with a US attorney named Laurel Scott. I have included the entire conversation, so hopefully it may help someone in my situation in the future.

This attorney came highly recommended, however I was not that impressed. When reading this, please note the duration taken to reply to my emails, and
the frequency and detail of my emails before receiving a response. Also notice the sketchiness of the replies.

I'll leave you to make up your own minds about the quality of this attorney, and urge you NOT to part with your money as easily and quickly as I did. So, here goes...

to Laurel Scott <laurelscott@visacentral.net>
date 25 Apr 2008 00:30
subject Enlisting your services
mailed-by googlemail.com

Hello again, I have just read that private messaging is not a good way of contacting you!! As I'm sure you can appreciate, I do not want to book a consultation over email just to be told I have no chance. If you could please just indicate whether or not I have grounds to make an appeal, I'd really appreciate it, and then maybe we can have the consultation where you tell me what I need to do and when I need to do it.

Thanks again.

Hello Ms. Scott, I hope you don't mind me private messaging you. You came very highly recommended by a member named erika33, so I have decided to enlist your services if that is okay. A brief summary of my predicament is posted in my very first post, and can be seen here:

http://immigrate2us.net/forum/showthread.php?t=13725

I have been unable to get a definitive answer as to whether or not I, and my two brothers, have a chance of obtaining a green card through the original application filed in 1996.

As I currently reside in England, UK, I will not be able to come and see you in person, however erika33 informs me that you provide e-mail consultations at very reasonable rates.

I look forward to your response,

Many thanks and kind regards.

Laurel Scott <laurelscott@visacentral.net>
date 25 Apr 2008 16:10
subject Re: Enlisting your services

A consultation is primarily for determining one's
legal options and whether potential benefits outweigh
the risks for the various options and whether the
possibility of success is great enough to justify the
legal fees. It sounds to me like this is exactly what
you are asking me to determine, which means I
recommend you go to my website www.visacentral.net and
click on consultation and follow the instructions. If
you think you have "just a quick question", I give a
free chat every Wednesday at 11:00 CST. There is a
link to the chat on my website.

to Laurel Scott <laurelscott@visacentral.net>
date 28 Apr 2008 16:27
subject Re: Enlisting your services
mailed-by googlemail.com

Hello again Ms. Scott. I have paid for an email consultation as you
advised. The payment will be from the paypal address:
********@gmail.com

Receipt ID: *****************

I would really appreciate it if you could help me out. The story so far is this:

Around eleven years ago, my Uncle (who is a US citizen) sponsored his
brother (my Dad) for a green card. On the application, he included my
whole family (my Mum, two Brothers and Sister).

The priority date for the application was 10th June 1996. The
application was processed and the Visas were received in November
2007. However, only my Dad, my Mum and my Sister were called for an
interview. When my Parents and my Sister went to their interview, they
did not ask why the other applicants did not get a green card, as they
assumed that we aged-out. But I have read that there is a complex
formula the CSPA applies to making these decisions, so now I'm
wondering if we are still eligible.

The D.O.B's of the applicants are as follows:

Father: 15th September 1950 (Received a green card, brother of petitioner.)
Mother: 30th December 1956 (Received a green card, spouse of applicant.)
Brother: 13th June 1979 (DID NOT receive a green card, son of applicant.)
Brother: 25th September 1982 (DID NOT receive a green card, son of applicant.)
Myself: 30th December 1984 (DID NOT receive a green card, son of applicant.)
Sister: 20th March 1986 (Received a green card, daughter of applicant.)

I have just returned from the US where I visited an immigration
officer in the San Francisco Immigration branch. She could not
ascertain any logical explanation as to why my brothers and I were
denied a green card, and advised me that I should make an appointment
with an immigration representative at the embassy from which the visas
were issued to discuss the matter further.

I contacted the London US embassy, and they informed me that they can
only book appointments for Visa interviews. So, I still do not know
where I stand. I have read on a few forums that my Parents may be able
to file I-130's for the remaining children, using the same priority
date (June 10 1996). Is this a possibility? How would they go about
doing this?

By the way, we are all from London, England, UK.

I would greatly appreciate your help regarding this matter, we would
hate to have to split up. My parents have fallen in love with the
States, as have I, and the likeliness of it is that if we can't go
over there together, no one will go at all. Please please help!!

Laurel Scott <laurelscott@visacentral.net>
date 29 Apr 2008 02:33
subject Re: Enlisting your services

In order to benefit from the Child Status Protection
Act, you have to apply for the visa within one year of
the visa becoming available. The current visa
bulletin will not tell me when your families visas
became available, which will not be the date the visas
were actually issued. Do you happen to know what that
date was?

Never count on CIS to apply the Child Status
Protection Act without your request. You have to
stand up and demand that they apply the law correctly.

to Laurel Scott <laurelscott@visacentral.net>
date 29 Apr 2008 12:49
subject Re: Enlisting your services
mailed-by googlemail.com

Hello again, and thank you for your reply. As I understand it, because the priority date was June 10th 1996, then according to the June 2007 Visa bulletin HERE, The priority date became current in June 2007. However, I am making the assumption that my Father (and therefore his secondary beneficiaries) all fall under the 4th category. Is this correct?

If all this is true, then the one year since the visa became available is not over yet, and will expire in June of this year. So, can we still get a green card?

I have also read that there is a Priority Date Portability Clause, which allows the original Priority Date to be used if my parents (who are now permanent residents) file I-130's for us. Is this an option for me?

Thanks again, I look forward to your response.

to Laurel Scott <laurelscott@visacentral.net>
date 29 Apr 2008 13:01
subject Re: Enlisting your services
mailed-by googlemail.com

Hello, I have just realised something. Both my parents were born in India, and on some of the paperwork I have for them, it states their "Foreign State Chargeability" as INDIA. So, this now means that their Priority Date of June 10th 1996 became current in October 2007, which can be seen HERE. This seems more feasible, as my parents' and sister's Visa interviews were on 17th November 2007. Does this make sense and seem more likely?

If the above case is true, then we have until October of this yea to push for the remaining green cards to be issued, right?

Many thanks once again, sorry if I have caused any confusion.

Laurel Scott <laurelscott@visacentral.net>
date 29 Apr 2008 22:17
subject Re: Enlisting your services

Yes, I believe all this is correct. I will
double-check with a colleague to make sure before you
spend any money on the case. The next thing to do is
contact the NVC and make sure they get started on your
case and notify them that you are in danger of losing
benefits under the CSPA.

Your parents cannot file new I-130s for you, using the
old priority date. I think portability only applies
if the petitioner or beneficiary change status (e.g.
naturalize or get married or something) or if the
petitioner dies.

 

[phb30432]

Laurel Scott <laurelscott@visacentral.net>
date 29 Apr 2008 22:43
subject Re: Enlisting your services

Ok, my associate and I just had a meeting about you
and consulted our Kurzban's reference materials and we
came to the conclusion that you can only subtract the
processing time for the I-130, not the visa wait time
and then you get one additional year from that date.
Do you happen to know the length of time between when
you filed the I-130 and when it was approved? I doubt
it would be long enough, but let's find out.

to Laurel Scott <laurelscott@visacentral.net>
date 29 Apr 2008 23:13
subject Re: Enlisting your services
mailed-by googlemail.com

Thanks once again for your reply. So, should I wait for confirmation from you first, or should I go ahead and notify the NVC right away? Is there any additional information I should include when I contact them?

to Laurel Scott <laurelscott@visacentral.net>
date 29 Apr 2008 23:33
subject Re: Enlisting your services
mailed-by googlemail.com

Sorry I am a little bit confused. No I-130's have been filed on behalf of me or my brothers. The last correspondence between ourselves and the NVC was the DS-230 forms filed for my Father, Mother and Sister. I am a bit disheartened by your last email... Do you not think that we can do anything? I have read that marital status may play a part, is this true? Myself or my two brothers are not married, if that makes any difference...

(P.S. I replied to the first of the two messages you sent, and did not read the latest one, sorry!!)

Laurel Scott <laurelscott@visacentral.net>
date 30 Apr 2008 16:32
subject Re: Enlisting your services

I'm talking about the I-130 your uncle filed for your
father and his family, which includes you.

to Laurel Scott <laurelscott@visacentral.net>
date 30 Apr 2008 19:07
subject Re: Enlisting your services
mailed-by googlemail.com

Oh I see. The paper work I have for the original application says the following:

Receipt Number: ***-**-***-*****
Receipt Date: June 11th 1996
Priority Date: June 10th 1996
Notice Date: September 24th 1996

Is there definitely no chance of using the old priority date? Is there anything else I can do? I heard back from the London US Embassy today, this is what their email said:

Dear Mr. ******,

Your other children's names were not included on the file received from the National Visa Center (NVC) in New Hampshire, presumably because they had already reached their 21st birthdays and had "aged out". If you wish your children to reside with you permanently in the United States, you will need to file new I-130 petitions on their behalf. The applications will be registered in the family based second preference (F2B) category (Child 21 and over of Lawful Permanent Resident). Please note that there is a wait time of several years for visas in this category.

Sincerely,


Consular Information Unit
U.S. Embassy, London
CONS/CIU/SF

I'd hate to have to wait in excess of 10 years to join my parents. Also, as I understand it, if I get married before my date comes up, then I'm out!! I can hold out for a year or two, but my girlfriend is on the case!!

Is there anything else you can suggest? Is there any loop holes when this happens?

Thanks again.

to Laurel Scott <laurelscott@visacentral.net>
date 2 May 2008 10:44
subject Re: Enlisting your services
mailed-by googlemail.com

Hi, I haven't heard from you in a few days. I can only assume no news is good news... Please can you get back to me with the best action to take.

Thanks.

Laurel Scott <laurelscott@visacentral.net>
date 2 May 2008 16:31
subject Re: Enlisting your services

You cannot use the old priority date for a new I-130
with a new petitioner.

to Laurel Scott <laurelscott@visacentral.net>
date 2 May 2008 19:46
subject Re: Enlisting your services
mailed-by googlemail.com

So, is that it? Can you give me a definitive answer as to what I should do? I provided you with the dates you asked for, and you said you would check. Please can you be more detailed in your reply. I do feel a little hard done by, spending the money for a consultation, just to be told a big fat NO. And I did email you before I paid the consultation fee, explaining that it wouldn't be fair to pay it just to hear a NO. You could have easily just told me I was too old if that was the case...

Thanks all the same...

Laurel Scott <laurelscott@visacentral.net>
date 2 May 2008 20:04
subject Re: Enlisting your services

I'm sorry you're dissatisfied. I was clear on what
the purpose of a consultation was. You can subtract
the processing time from your age, but not the visa
wait time, which makes you aged out. Your parents can
file an I-130 for you, but they cannot use your
uncle's priority date. If they file for you now and
you get married, that negates the I-130 because
permanent residents cannot petition for married
children. Citizens can. If you are planning on
getting married in the next four to five years, you
might want to wait until they naturalize before they
file for you.

This concludes the consultation. Best of luck.

 

[LucyMO]

she asked the same questions we did, and gave you the same answers.

spending the money for a consultation, just to be told a big fat NO.

well, geez, she was honest about the consultation's purpose, and it's not her fault that you cannot do anything about your situation.

 

[phb30432]

she asked the same questions we did, and gave you the same answers.

well, geez, she was honest about the consultation's purpose, and it's not her fault that you cannot do anything about your situation.

Okay, I do agree with you to a certain extent. But as you say, the information I ascertained from the forum is what she also provided me. However, she is a prominent member of another immigration forum that I posted my original question on, and I did direct her to the thread before paying the consultation fee. Being a so called "expert" in the field, she could have easily just informed me that I'm simply too old.

For someone who is an immigration attorney, you wouldn't expect them to have to consult literature or other competent colleagues to find the answer to something so trivial.

I only went to an attorney on the advice of others in the forum.

It's a shame that I have come to a dead end, but I hope to still go to the States through my Pharmacy degree.

Thanks again for all the help every one.

 

[LucyMO]

she probably didn't have time to go to different forums to read your story. You should have provided her with all the info in a concise way, instead of giving her links to forums.

 

[TheRealCanadian]

I wouldn't give up so easily. It's pretty obvious that she's not had any significant experience with CPSA, since she didn't know that the visa wait time could not be considered right off the bat. That's CPSA 101.

CPSA should have a clause that allows the original PD to be used when filing an I-130 for an aged out derivative. Find an attorney who specializes in CPSA cases.

 

[susan ward]

Please sign our petition at

http://www.expatsvoice.org/forum/petition.php



See new memo on CSPA


This new memo will approve previously denied age out children. They will have to file a motion to reopen but is extremely good news for many

http://www.uscis.gov/files/nativedoc...PA_30Apr08.pdf



USCIS Issues Revised Guidance on Child Status Protection Act (CSPA)

WASHINGTON—U.S. Citizenship and Immigration Services today issued guidance that will modify its earlier interpretation of the Child Status Protection Act (CSPA) which permits applicants for certain immigration benefits to retain classification as a child even if he or she has reached the age of 21.

The guidance, effective today, changes how USCIS interprets the applicability of the CSPA to aliens who had aged out prior to the enactment of the CSPA on August 6, 2002.

Under prior policy guidance, USCIS considered an alien beneficiary of a visa petition that was approved before August 6, 2002 to be covered by the CSPA only if the beneficiary had filed an application for permanent residence (either adjustment of status or an immigrant visa) on or before August 6, 2002, and no final determination had been made on that application prior to August 6, 2002. This new policy extends CSPA coverage to aliens who had an approved visa petition prior to the enactment of CSPA but who did not have a pending application for permanent residence on the date of enactment of the CSPA.

Aliens who were ineligible under the prior policy and who subsequent to the enactment of the CSPA never filed an application for permanent residence may file an application for permanent residence to take advantage of this new interpretation. Aliens who filed an application for permanent residence after the enactment of the CSPA and who were denied solely because they had aged out may file motions to reopen or reconsider without a filing fee.

For detailed information on this issue, please see the accompanying Fact Sheet with questions and answers as well as the guidance issued to USCIS field leadership. Both are listed in the related links section of this page. For additional questions, call the National Customer Service Center at (800) 375-5283.
Related Files

* USCIS Issues Revised Guidance on Child Status Protection Act (CSPA) (28KB PDF)

http://www.uscis.gov/portal/site/usc...45f3d6 a1RCRD