child protection act

whitemimauz3

Registered Users (C)
#21
Whenever USCIS stakeholders meeting takes place, a comment should be sent to keep F4 category cases pending as long as they can may be until priority date becomes then they should approve it, so that it knocks off time & help this kind of cases.
 

SusieQQQ

Well-Known Member
#22
Whenever USCIS stakeholders meeting takes place, a comment should be sent to keep F4 category cases pending as long as they can may be until priority date becomes then they should approve it, so that it knocks off time & help this kind of cases.
You still seem to be missing the point. The point of CSPA is to ensure that any inefficiency on the part of USCIS does not penalize derivatives. It is not to intentionally make uscis more inefficient to “help“ those who would age out. The more people “helped” in the way you envisage will just increase overall backlogs and make things worse for everyone, including the immediate relatives who have a visa number immediately available yet still have to wait a year or so to actually immigrate because of processing times.

The second point you miss is that the reason there is an age limit on the immigration law definition of “child” is so that famiiies don’t have to leave kids too young to look after themselves behind.

For example: F4 for phillipines has approximately a 23 year wait. I’d find it hard to see how, from an immigration priority perspective, uscis should delay processing these cases for 23 years so that a bunch of 40-somethings get the chance to piggyback immigration because they’re ....too young to be separated from their parents?! I’m not sure if you aware either, that there is a numerical limit on F-categories each year. So the more older “children” that come in this way would reduce the number of slots available for later F4 cases, again making the backlog even worse.

....it would just be easier to abolish the age limit on what counts as a child - as that is effectively what you’re proposing by wanting CSPA to protect everyone forever. Obviously that’s not going to happen.
 

whitemimauz3

Registered Users (C)
#23
Your last sentence is what I was trying to convey about. Of course its not going to be achieved because it runs contrary to what US stands for "Keep families together". I want to rest this topic now. Next time some other subject.
 

SusieQQQ

Well-Known Member
#24
Your last sentence is what I was trying to convey about. Of course its not going to be achieved because it runs contrary to what US stands for "Keep families together". I want to rest this topic now. Next time some other subject.
I disagree entirely with you. The US allows many more family relationships and ages to reunite under its immigration laws than any other country. Lol at “I want to rest this topic” , now that you understand it. Ciao.
 
#25
hi all
I'm a US citizen by birth lived in the states for less than 5 years I got married to an alien and have two children (below 12 years ) living abroad,
I tried to understand the process of giving my children the American citizenship but I'm confused if I should file n-600 or the n-600k form or file an immigrant visa for them, and do I need to be permanently residing in the US?
thanks in advance
 

newacct

Well-Known Member
#26
hi all
I'm a US citizen by birth lived in the states for less than 5 years I got married to an alien and have two children (below 12 years ) living abroad,
I tried to understand the process of giving my children the American citizenship but I'm confused if I should file n-600 or the n-600k form or file an immigrant visa for them, and do I need to be permanently residing in the US?
thanks in advance
Do you and your family intend to move to the US or remain residing abroad?
 

newacct

Well-Known Member
#28
we are planning to move to the states.
is there a difference...
Yes. If you plan to move to the US, the proper way is to petition them to immigrate to the US (i.e. become permanent residents). You will file I-130, and they will eventually get US immigrant visas. When they enter the US with their immigrant visas, they immediately become US permanent residents (green card holders), and they will also immediately become US citizens as permanent residents under 18 living in the US with a US citizen parent. After entry, they can apply for US passports.
 

SusieQQQ

Well-Known Member
#29
Yes. If you plan to move to the US, the proper way is to petition them to immigrate to the US (i.e. become permanent residents). You will file I-130, and they will eventually get US immigrant visas. When they enter the US with their immigrant visas, they immediately become US permanent residents (green card holders), and they will also immediately become US citizens as permanent residents under 18 living in the US with a US citizen parent. After entry, they can apply for US passports.
FYI, this poster has two threads going with the same question. In the other one I asked about the whereabouts of the other parent, as the “living in the US with a US citizen parent” has to be in the legal custody of that parent.
 
#30
Yes. If you plan to move to the US, the proper way is to petition them to immigrate to the US (i.e. become permanent residents). You will file I-130, and they will eventually get US immigrant visas. When they enter the US with their immigrant visas, they immediately become US permanent residents (green card holders), and they will also immediately become US citizens as permanent residents under 18 living in the US with a US citizen parent. After entry, they can apply for US passports.
that really cleared things up thanks a lot for your help
 
#31
Hello Everyone,
I need help and advice form anyone who had the same experience with me. This is regarding my son's petition. Here is the backgournd:
I am a legal resident holder and I petitioned my son
last May 12, 2017 ( he was close to his 20 years of age during this filing). I got the approval of the USCIS on my petition last March 01, 2019. This approval was under "minor children below 21 years of age, and unmarried" .
My son was born May 24, 1997 and he was under 20 years old when petition was filed
This approval was then forwarded by USCIS to NVC for further processing, then I received the email form NVC to pay the fees and fill up the DS-260 as well as submit the civil documents and the supporting documents including the I-864.
I did all the fees and the documents required but then after 2 weeks, I received the email from NVC telling me that the visa category of my child was changed to F2B category due to he is already close to his 22 age by May of this year.
Isn't that my child is covered by the law of CSPA or known as Child Special Protection Act? Under this law, his what they call is CSPA age or immigration age is he is still 20 years old because you have to deduct the waiting time the I30 application was approved? His priority date should also be current under the original minor category.
I went to the CSPA calculator and even consulted immigration lawyer to make sure he is covered with he CSPA act, and I was told YES he is still in under the protection of the law to keep the same priority as minor child of green card holder. Accdg to the lawyers I talked to 3 different immigration lawyer he is still considered inn his 20 years old age.
So i wrote the NVC throught their website and attached all documents including the transcript of the CSPA law.
My questions are the following:
1. Does NVC considers this kind of overlooked on their part?
2. Does NVC answer quiry like this?
3. Do have chance that they will reverse it back to the original visa category under minor children since my son is protected by the law of CSP act?
4. Does anyonehad the same experience where NVC changed the visa category then reverse it back due to they overlooked the law?
Here are detailed info of my immigration filing:

USCIS I30 FILED : MAY 12, 2017 ( SONS AGE DURING FILING IS 19 YEARS AND 23 MONTHS)
USCIS PRIIORITY DATE: MAY 12, 2017
USCIS APPROVAL OF I30: MARCH 01, 2019 UNDER MINOR CHILDRE BELOW 21 OF GREEN CARD HOLDER UNAMRRIED SONS
SONS BIRTHDAY; MAY 24, 1997 ..HE WILL BE 22 THIS MONTH
I hope guys you can share me your experience.
Thank you
Adsdmd
 

SusieQQQ

Well-Known Member
#32
Yes, agreed he is still protected (the S in CSPA stands for “status” not “special” by the way). In addition to writing to nvc I would suggest you follow up with a phone call to them. I do know of people who have had this successfully changed back so you should be good with this.
 
#34
our approve family petition (f4 type ) arrived last march 2019 from nvc.our priority date is dec.18 1997, my name is included on the petition and need to pay 325usd.my question is .am i still eligible for the petition.bec.im age out already. and i think cspa is not applicable on f4 type visa. .my bday is feb 5 1987.and btw im from the philippines.thankz
 

SusieQQQ

Well-Known Member
#35
our approve family petition (f4 type ) arrived last march 2019 from nvc.our priority date is dec.18 1997, my name is included on the petition and need to pay 325usd.my question is .am i still eligible for the petition.bec.im age out already. and i think cspa is not applicable on f4 type visa. .my bday is feb 5 1987.and btw im from the philippines.thankz
CSPA is applicable to all family-based visas including F4. Its impossible to calculate your CSPA age without the approval date. This is not the letter from NVC you received, it is the i797 uscis would have went sometime in the past to say the petition was approved. Bear in mind your priority date is still not current so any calculation made now can only be approximate.
 
#36
but the letter is from NVC with the case number included in the letter..and telling us that we could process our visa and paid the fee.we already got i797 almost a decades ago.
 

SusieQQQ

Well-Known Member
#37
but the letter is from NVC with the case number included in the letter..and telling us that we could process our visa and paid the fee.we already got i797 almost a decades ago.
The approval letter is the I797 stating the case was approved. (It would have been the second notification, after the one that you should have got quite soon after the priority date notifying you of receipt of the case.) It is not surprising if it came a decade or so ago with a priority date in 1997. The date of that notice is what is needed to calculate CSPA age.
 
#39
^ I have a similar concern. I am from the Philippines too and we just received our letter from the US embassy that we can process our application online using the given case # and invoice.
 
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