Child status protection act

[ng20]

Hello,

My aunt( US citizen)applied for my mother's(Indian citizen)greencard under F4 category in 1989. I was minor child and derived beneficiary of the case at that time.
My mother's immigration visa was granted in August 2001 and I was unmarried and above 21 at that time. I wasn't aware of CSPA benefit at the time.

My mother then became US citizen through naturalization and and I got married during that time. My mother(US citizen) applied for my greencard under F3 category.

I have just learned about CSPA and an opportunity I missed in 2001-2002 ( my mother should have applied for me within first year of her greencard and I could have benefited under CSPA).

Is it possible to make a case and present situation to NVC for possibility of recapturing old priority date(1989 or 'possible' 2002)?

Thank you.

 

[SusieQQQ]

It's not entirely clear to me that CSPA would have worked if your mother's petition was finalized in August 2001, but anyway as you seem to realize she should have filed for you within a year. No you can't just reinstate an old priority date (I know someone who tried to do similar albeit on a different category). Basically:it's not their problem if there was a failure to follow up at the time, for whatever reason.


Eligibility Criteria

• Must be the beneficiary of a pending or approved visa petition on or after August 6, 2002.
• The beneficiary must not have had a final decision on an application for adjustment of status or an immigrant visa before August 6, 2002.
• The child must “seek to acquire” permanent residence within 1 year of a visa becoming available. USCIS interprets “seek to acquire” as having a Form I-824, Application for Action on an Approved Application or Petition, filed on the child’s behalf or the filing of a Form I-485, Application to Register Permanent Residence or Adjust Status, or submit Form DS-230, Application for Immigrant Visa and Alien Registration from the Department of State. The date of visa availability means the first day of the first month a visa in the appropriate category was listed as available in the Department of State’s visa bulletin or the date the visa petition was approved, whichever is later.

Note: Individuals may be eligible to apply for permanent residence under CSPA after 1 year of a visa becoming available if all of the following are true:

• They are a beneficiary of a visa petition that was approved prior to August 6, 2002
• They had not received a final decision on an application for permanent residence based or immigrant visa on that visa petition prior to August 6, 2002
• The visa became available on or after August 7, 2001
• They met all of the other eligibility requirements for CSPA (see above)

 

[Jackolantern]

The CSPA requires you to take action within a year after your priority date becomes current, so for you that would have been 2002 at the latest.

And even if they allowed you to apply for an immigrant visa after the 1 year limit, getting married would disqualify you from derivative status.

 

[Britsimon]

The above replies are correct, but if it makes you feel any better, no one missed anything in 2001. CSPA didn't get introduced as a law until August 2002 - so you were never covered.