Child Status Protection Act

[cestlavie104]

Background:

Entered the country in 1993 with family.

My mother applied for permanent residence via her employer in 1995.

I don't have the specifics on her case but here it is timeline wise:

Her I-130 was approved in mid 2001
I-140 approved in sept 2001
I-485 approved in dec 2001 (One of my sisters was in risk of aging out and they pushed thru the paperwork in just under a few weeks for the whole family)


I aged out a year prior to that in october 2000 and therefore not a recipient of the green card thru my mother's case.

I filed for my I-130, 2B preference class with Feb 2002 as priority date. My I-130 was approved may 2005.

In summer of 2002, the act was passed.

What other info would I need to provide to find out whether I could benefit from that act or not?

 

[coolmeg]

1. Alien's Date of Birth:
2. Date Immigrant Petition Filed:
3. Date Immigrant Petition approved:
4. Lengh of Time Immigrant Petition pending (#3
minus#2):
5. Date Immigrant Petition became current
6. Age of Alien on date Immigrant Visa became
available (#5 minus #1)
7. Age for CSPA purposes : Age at time Immigrant
Visa became available minus length of time Immigrant
Petition pending (#6 minus #4): if this number is
below 21, CSPA applies.

Above is how you can calculate your age for CSPA purpose.

Did you write to US Embassy or NVC to expedite the procedure when your sister was aging out.. or they just did it anyways. I have the same case for my brother and he is aging out. I was not sure if you wrote to them or had any other approach.
Thanks!

 

[susan ward]

Background:

Entered the country in 1993 with family.

My mother applied for permanent residence via her employer in 1995.

I don't have the specifics on her case but here it is timeline wise:

Her I-130 was approved in mid 2001
I-140 approved in sept 2001
I-485 approved in dec 2001 (One of my sisters was in risk of aging out and they pushed thru the paperwork in just under a few weeks for the whole family)


I aged out a year prior to that in october 2000 and therefore not a recipient of the green card thru my mother's case.

I filed for my I-130, 2B preference class with Feb 2002 as priority date. My I-130 was approved may 2005.

In summer of 2002, the act was passed.

What other info would I need to provide to find out whether I could benefit from that act or not?

Hi

What paper work did your mother file for you ? I130 or I 824 ??

What date was it submitted and was the case pending at enactment of CSPA?
eg 6th Aug 2002

The CSPA in NOT retoactive unless you are covered under a LIMITED exception

To be retoactive, your case should have been filed within one year of visa approval and pending (WITH NO FINAL DETERMINATION) at enactment of CSPA 6ht Aug 2002

I am not an attorney, just my understanding.

You should really ask experts advise

Good luck

 

[fx_shun]

CSPA retroactive

Does anyone know for sure what "RETROACTIVE" implies with regards to the CSPA ?

Does turning 21 before the Aug 6 2002 mean one is not eligible for CSPA ?

 

[susan ward]

Does anyone know for sure what "RETROACTIVE" implies with regards to the CSPA ?

Does turning 21 before the Aug 6 2002 mean one is not eligible for CSPA ?

Hi

If you turned 21 years before 6th Aug 2002 then your parents must have filed an immigrant petition for you (before you were 21years) within one year of their visa approval

This must be pending at enactment of CSPA


Att Cestlavie


It looks as though you became 21 years before your parent filed for themselves, if so you appear to have aged out.

Contact congressman/senator even if they cannot help they need to make congress aware of the unfair, heartless and broken immigration system
Not a laywer, just my understanding

Regards Sue