CSPA- Please Help

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mikramjafri

Registered Users (C)
Guys i wanted to know a few things about CSPA
My father is currently permenant resident and filed I-130 for my mother, my brother and myself. The I-130 was filed on August 6,2003. My DOB is 08-18-1985(Aug 18,85). I will age out on Aug 8,2006. By then the I-130 my father filed for me wouldnt get its turn(bulletin specifies on Dec 20,2005 cases being considered are June 2002). What shall i do?. My father doesnt know what form to fill for protecting my status under CSPA as i will age out before our turn. Shall i contact the Nebraska service center or do i need to fill a certain form (is it I-485 i belive) to bring me under ths CSPA protection.
Please help.Any help is very highly appreciated.
Thanks.
Mikram
 
Cspa

I filed I-130 for my daughter 20 days before her 21st B'day. When the gc was approved she was nearly 24 years. Our lawyer gave us a memo explaining CSPA and calculating that ON THE DAY OF APPLICATION she was not 21 years old. I took this letter to our interview but never got a chance to show it. The immigration officer started doing her own calculations and said that since my daughter was <21 yrs old "on the dy of application", her child status was protected under CSPA. My daughter got her gc.
My advice to you is do nothing. You should get approved.
 
pras01 said:
I filed I-130 for my daughter 20 days before her 21st B'day. When the gc was approved she was nearly 24 years. Our lawyer gave us a memo explaining CSPA and calculating that ON THE DAY OF APPLICATION she was not 21 years old. I took this letter to our interview but never got a chance to show it. The immigration officer started doing her own calculations and said that since my daughter was <21 yrs old "on the dy of application", her child status was protected under CSPA. My daughter got her gc.
My advice to you is do nothing. You should get approved.
Click to expand...

You mentioned that you have filed I130 for your daughter when she is just below 21 years and she was approved for GC by 24 yrs.
That means you had applied for her GC(I130) at least 3 years ago (say at least 2005-3years =in year 2002).
But from your signature line details :
**-140 PD 4/1/02 EB1-EA; I-485 RD 11/22/02 NSC.
Interview date-10/31/05 (Approved and PP stamped) **
Means your I551 stamp in your PP was on 10/31/2005 !(You are a GC holder from then or from aproval of your 485 only).
Can you please inform how you could file I130 for your daughter in the year 2002 or before that? (As only GC holders/USC can file I130 for childeren and not the persons whose GC is still under process).
or did you file I485 before her 21 and not I130?
or by chance you are an US citizen?
 
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Immigration Officer where?

Just a few questions...

I tried calling and even writing the NVC and the US Phil. Embassy, but they told me that it was NVC's job to decide if I am qualified under CSPA. Well, I was successful writing and received their response. They said I am not qualified, my father is naturalized US Citizen (1998) and he filed the petition a year after he got his citizenship.

Priority Date: June 04, 1999
Birthday: June 09, 1979

Meaning to say... on that date, June 4, 1999 I was only 19 and turning 20 years of age on the 9th of June.

But they don't reallyb explain why I am NOT qualified. I don't understand either. I am really depressed.

Can someone tell me who talk to...

I can't and my dad can't affor any immigration lawyer. I did consult a lot of lawyers and they told I am qualified. Even Atty. Gurfinkel did tell me. But I just can't afford to have them to be my lawyer.


pras01 said:
I filed I-130 for my daughter 20 days before her 21st B'day. When the gc was approved she was nearly 24 years. Our lawyer gave us a memo explaining CSPA and calculating that ON THE DAY OF APPLICATION she was not 21 years old. I took this letter to our interview but never got a chance to show it. The immigration officer started doing her own calculations and said that since my daughter was <21 yrs old "on the dy of application", her child status was protected under CSPA. My daughter got her gc.
My advice to you is do nothing. You should get approved.
Click to expand...
 
Hi

The CSPA is very confusing and am still having problems with my sons case

I have recently found a NOT FOR PROFIT company


www.cliniclegal.org


They have approx 600 attornies who work pro-bono or cheap

The head of this is call Charles Wheeler who has written a book on CSPA


You DO NOT have to be a catholic to get help. They are concerned with family reunification

I paid $40 and filled in an intake form . Had appointment with attorney that lasted almost 2 hours. (did not pay any more money)

He was very helpful.

He agrees son is protected under CSPA (as other attornies have told me)

He said forget about SERVICE CENTRE/NWC/CONSULATE. and stated he works on points of law, not points of fact

We need to go straight for the DOS and is dealing

I will update when any news.

Good luck
 
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Hi, Susan ! What is the outcome of your CLINIC attorney appointment? Are these lawyers really experienced? Is it possible to have an opinion of Charles Wheeler through such consultation? Is it possible for the attorney to redirect
my question to Charles Wheeler? I have a question about BIA decision concerning CSPA , so I came to conclusion that Charles Wheeler is the best expert on that matter. I hope to hear from you about your experience with CLINIC. Thank you.
 
Hesitant said:
Hi, Susan ! What is the outcome of your CLINIC attorney appointment? Are these lawyers really experienced? Is it possible to have an opinion of Charles Wheeler through such consultation? Is it possible for the attorney to redirect
my question to Charles Wheeler? I have a question about BIA decision concerning CSPA , so I came to conclusion that Charles Wheeler is the best expert on that matter. I hope to hear from you about your experience with CLINIC. Thank you.
Click to expand...

Hi

They offered to take up my case and sue the Attorney General, et al at a greatly reduced rate but in the meantime I have been in the press in Orlando and a local attorney came forward (pro bono) so we are suing ! and the case if filed in the Mid Tampa district court.

I have two dates for court mid July and the end of July 08, you should join www.expatsvoice.org and search the Aging out thread :) we are trying to get as many people as possible to come forward with their stories so we can forward to the Judiciary committee, in the hope of an amendment to the cspa
 
Hi, Susan, thank you for your reply, I'll post my story at your forum (already registered, but never posted). See you.
 
please sign our petition and ask as many friends and family to do the same. It is time to deal with the legal immigration nightmares



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


also see below




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
 
The I-130 Petition for Alien Relative was approved June 2005 and my younger brother is protected under CSPA. They currently live in France and will Consular Process. We received fee bills (that we already submitted) for everyone, but for him. At what stage do we have to prove that he is protected under CSPA? He has only 1 year after visa availability (that is until November 08) to apply for it. Please advise. I am currently working on getting together the documents for the Instruction Packet that is for the National Visa Center. When will I pay the $400 fee bill for him? Please advise via personal message
 
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