Child Status Protection Act-Retention of Priority Date?

Since CSPA is not retroactively enacted, don't you think that retention of old PD is very much unjust to those whose parents got GC just before the law was enacted because ppl coming late in que will retain old PD while those standing earlier in que will be given late PD. This is totally unjust because ppl who were first left because of age out after waiting for decades would be further thrown behind in que due to retention of old PD's by new cases.
It might be the reason for consuming FB2b visa numbers. Secondly should we expect less number of cases in FB2b or FB1 once cutt of dates pass August 2002 (when the law was enacted), assuming some of the age out children after August 2002 might have already migrated
I don't see any immigration pundit speaking on issues like this.
 
Hi.
I've posted in another thread regarding a similar problem, and I do hope those who posted in the past three years have been lucky so far in gaining a favourable immigration decision.
My case is as follows.

I am currently in Jamaica.
Nov 1997 - my aunt filed I-130 for my father, listing my brother (12 y/o) and I (15 y/o) as his dependents.
Feb 25, 2008 - approved.
October 2007 - my father got letter from NVC asking where he would want his correspondences sent.
Feb 2008 - received packet stating what documents are required at NVC, did not mention my brother and I who are now 22, and 25 respectively. Paid his visa fee.
March 2008 - my father added my younger sister born in 2000 to his immigration petition; my aunt submitted her birth certificate, etc.
April 2008 - I called and emailed NVC got response saying my brother & I have aged out, and no longer eligible, but CSPA may be able to help. Operator I spoke to says my father should raise his concerns at the embassy and the immigration officer would then determine if my brother and I are eligible to migrate with my father and sister.
May 2008 - Visa bulletin backlogged for 4 months (Jan 08 - March 08 all for July recipients)

I am of the understanding that my brother & I, if we have aged out and not able to migrate on my father's original petition, he can file a new I-130 for us and we would retain HIS priority date. We have not directly contacted an immigration lawyer, and the clarification of the CSPA is ambiguous. I have recently applied and accepted to a master's programme not offered in my country, but was denied the student visa because my name is still on my father's petition.

So does it mean that if i go with my father to his visa interview, and retain his priority date, am I processed with him there? Do they determine whether or not my brother and I get our immigrant visas? If we reatin his priority date, whats the next step?
Can anyone shed any light on my options, choices in this case?
Thank you.
 
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For those interested in the new revising of the CSPA as of April 30, 2008.. read below, it may come in handy.

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.
Click to expand...
 
Dasya said:
Does that mean if the priority date is back in 2004 (after enactment of CSPA in Aug 2002 and when my kids were under 21 at a time of filing I-130 in 2004) and I'm a recent naturalized USC, so they can qualify as immediate relatives and consular processing with visa issuance may start ASAP?
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No. Your children are FB1 like I said in the other thread.

Additionally, they were the direct beneficiaries of FB2 I-130s and thus were never subject to aging out, therefore CPSA does not apply.
 
Hi,

I thought i would give everyone an update. Back then, I called USCIS and they said bring my case to the consulate overseas. At the time, I was on F-1, so my family went there and had CSPA law PRINTED and HIGHLIGHTED and POINTED it out in front of the officer. Guess what..they said no. I spoked to Shusterman as I said 3 years ago...it was too expensive for me and still is. I got a job wyeh my F-1 expires, so I am on H-1B now...

My mother filed I-130 for me in Nov 2005. I have sent in informations requesting the retention of priority date. Guess what...they haven't looked at my application yet as of today May 27, 2008. They have not assigned a PD to me yet. Right now they are processing Feb. 2005 cases.

Doesn't 2005 sound like a long time ago? You'd think I would at least know whether I can retain my PD or not by now. I thought so too.... Maybe 2 years later I will repeat this same paragraph...hopefully not.

To those of you in the same situation. PLEASE PLEASE give us updates too.
 
TheRealCanadian said:
No. Your children are FB1 like I said in the other thread.

Additionally, they were the direct beneficiaries of FB2 I-130s and thus were never subject to aging out, therefore CPSA does not apply.
Click to expand...

hey there..
think u can offer any input to my case?
greatly appreciated.
thanks.
 
jahkissez said:
hey there.. think u can offer any input to my case? greatly appreciated. thanks.
Click to expand...

Based on your description, it appears that CPSA could only shave 3 months off your age, so you aged out. It also appears that you can retain your father's PD if he files an I-130 for you.

You may want to confirm this with an attorney.
 
@TRC..
So what does that mean if I go with him to the interview for his GC?
Is there a possibility that they allow my brother and I to process with him then and there even if we have aged out?
When does he file the I-130? When he's settled in the US or as soon as he reaches the country?

Thanks
 
jahkissez said:
Is there a possibility that they allow my brother and I to process with him then and there even if we have aged out?
Click to expand...

The Automatic Conversion clause of CPSA might help you. This is really outside of my area of expertise. You need an attorney.

When does he file the I-130? When he's settled in the US or as soon as he reaches the country?
Click to expand...

Once he arrives in the US.
 
thanks.
I read elsewhere that if we have all the necessary documents and the visa fee at the day of my father's interview, then chances are we can immigrate same time, even tho I have aged out and may have converted to family 2B.

I forget where I've read it, but I'm searching.
Can anyone clarify this?
I have contacted an immigration attorney, in the US, and trust, it's pricey .. :eek:
 
jahkissez, the law is not clear on this issue so it is usually handled on a case-by-case basis, depending on the Immigration officer that is handing your case. So all you can do is go to the interview prepared with all the necessary documents, and hope for the best.
 
I know its not clear, thats whats so bloody confusing.
I figure its up to the discretion of the immigration officer, but what about the medical forms? My father an 8 y/o sister would have gotten the interview letters, to do the medical. So what will happen when my brother and I 'tag along' hoping for good news from the IO, whats gonna happen when we don't have medicals?
 
Hi Everyone,

If you live in the Los Angeles county and your child had aged out and you are seeking to Retain your original priority date, please contact Mr. Carl Shusterman. He needs one more plantiff before he can file the federal lawsuit. It is free to contact him!! Please do so or spread the word to help him find the last plantiff needed so we can make this law suit happen!!

Thank you!
 
jahkissez said:
I know its not clear, thats whats so bloody confusing.
I figure its up to the discretion of the immigration officer, but what about the medical forms? My father an 8 y/o sister would have gotten the interview letters, to do the medical. So what will happen when my brother and I 'tag along' hoping for good news from the IO, whats gonna happen when we don't have medicals?
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You and your brother should go and do your medicals and take it along with you. I dont think you need a special permission from USICS for that. Besides, even if you dont have your medicals with you, if they are going to approve you, they will still give you time to go and do your medicals and submit it.
 
Iluvus said:
You and your brother should go and do your medicals and take it along with you. I dont think you need a special permission from USICS for that. Besides, even if you dont have your medicals with you, if they are going to approve you, they will still give you time to go and do your medicals and submit it.
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You have to present your application letter in order to do the medical, at least, thats what I've been reading. I even got a copy of an interview letter what tells you your'e next step.
It just kinda getting to me - the wait.
Granted, I wasn't aware of this until a few years ago, when some nut stole my passport with my muliple entry visa :(, i found out when I tried to get a replacement.
Ah well..
I have everything on hand ready for the interview, just waiting on my father's date.
Crossing my fingers that if CSPA doesn't apply, at least retention of priority date will.
Will we have to put that in writing, that we want to retain the priority date?
 
Please if you or your child age out and want to benefit from the retention of priority date in CSPA, Please contact attorney Carl Shusterman. It's Free. http://www.shusterman.com/

They are filing a federal law suit but need one more plaintiff living in Los Angeles area before they can file. Please spread the words!!
 
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