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[Sand Diego]

You are wrong. There is a piece of legislation called the Child Status Protection Act of 2002 that remedies what is known as "ageing-out". This Act of congress involves the children of principal aliens and US citizens who will lose a benefit because they become too old as a result of processing delays. I am not making it up. It is the law. Research it a little and you will see what I am talking about.
Actually, a decent discussion of the CSPA is on a thread on this very website.

See http://boards.immigrationportal.com...ad.php?t=165638

Now depending on where I file the I-130 it can take a long time or a short time for my mother to get her GC. DC and NYC are notoriously slow but Texas is notoriously fast. There are those who got their GCs in 3 months. For the 2A category I have to take your word that there is a 4 year backlog as I am not privy to that info. In any event, while my sister's I-485 is pending she will petition for a I-765 which is what I did while my green card application was pending. AND she is still covered by the CSPA. So it will be all okay…

BTW: How do you know it is a 4 year backlog for 2A? and how long is it for 2B? And how long is it for a 203(a)(4)? Probably 3 times as long as a 2A.

Zuleron,
What part of JoeF detailed explanations you don't understand. No offense, but if you are so obviously wrong and are unwilling to listen and learn, what are you doing in this forum?

 

[zuleron]

That doesn't matter in your case because you are not sponsoring your sister. Your mother is, and she can only file the application once she is a PR. If your sister is 21 or older when your mother gets her GC, your sister can not benefit from the child protection act. As I have already explained to you, INA 204 and 8 CFR 204.2 specify that children of immediate relatives are not entitled to derivative status, and therefore, the CSPA does not apply.
May I suggest that you follow your own advice: do a little research...
You can not choose where to file the I-130. You have to file it in the district where you are residing.
As I said, do a little research...
The Visa Bulletin, published every month by the Department of State, provides the quota figures. It is online. There is this little search engine called Google...
Quite frankly, I don't like your arrogance. I hang out in this community for a couple of years. I have seen misplaced arrogance quite a bit. I have read through actual law text quite a bit. And I can tell you that the way you want to do this stuff is not going to work. Sorry if I'm blunt, but clinging to some in this case irrelevant legislation like the CSPA doesn't help you. The earlier you understand that wishful thinking is not going to work, the better for everybody involved in your family.
Once again: the CSPA would only work if your mother gets her GC before your sister turns 21.
Furthermore, you talk about your sister's I-485. Is she in the US? An I-485 is for Adjustment of Status, and can by definition only be filed if a person is in the US in legal status. There has to be a status to adjust from...
Finally, an I-485 can only be filed or an Immigrant Visa can only be applied for once the PD is current. And that is the 4-year backlog I was talking about.
You apparently have a lot to learn...

At first I thought you were playing devil's advocate which I appreciated but now you seem to be getting upset about this which is puzzling coz if anyone should be getting upset it is me.

I am DETERMINED to try this route for my sister and I that is exactly what I WILL do. It can't hurt. (Call it good ol' American optimism... or is it Good ol' America "can-do" attitude). Call it what you want but there is a compelling argument to made for the proposition that the CSPA reaches the filing date of the principal alien.

In the BCIS's initial interpretation of the CSPA Section 3 they note that, "This section provides relief from age-out by establishing the alien's age as of the date a visa becomes available for the alien (or the alien's parent), minus the number of days that the petition was pending." In my estimation this language opens the door enough to make proceeding along this avenue worth it.

If, when the case is adjudicated, your analysis and interpretation prove correct, and the BCIS read that language differently, then the WORST that will happen is we will get rejected. In that case we will just get her GC through one of the employment-based categories. We just don't want to call in that favor if we don't have to. But if that's what it takes, then we'll do that. Everything will be perfect especially because if we are forced to use the employment route then it will be just around the time she graduates from college. So you see everything will be okay because we have options.

Frankly I don't care if you don't like my arrogance. I am not here to please you or anyone else and I did not get where I am by being meek, and bowing and scraping and genuflecting to smug “know-it-alls”. I use this forum and others like it as a source of info and as a sounding board and it works just fine for me that way. Your comments are always appreciated but don’t make them personal.

 

[ocworker]

Geez, wake up!

take it easy. if someone does not want to listen, what else can you do? it is Saturday.. have some fun in the sunny so cal

(at least, it looks good outside from OC here hee hee)

 

[zuleron]

Zuleron,
What part of JoeF detailed explanations you don't understand. No offense, but if you are so obviously wrong and are unwilling to listen and learn, what are you doing in this forum?

I understand his explanations fine. I just don't agree with them all. Nor do I have to agree with them. This is America where we ARE allowed to disagree. Boy, am I glad that neither you nor JoeF are going to be adjudicating my case. So negative... What's more, I think that the CSPA is an excellent opportunity to challenge the ban on derivative beneficiary status for IR petitioners because the language allows room for more than one interpretation. If I am wrong about this one, I have lost nothing. If I am right, then I have gained a lot. We'll find out in a few years. Either way, it is worth a shot.

 

[zuleron]

Nothing negative. Just following the law... You will hear the same thing I said from the adjudicator.
That's pretty much irrelevant because the CSPA doesn't even apply. I can quote any number of laws, if they don't apply, then it doesn't mean anything.
You are wrong.
Playing with the life-planning of your sister...
And it seems you have money to waste. If you are so wealthy, why don't give it to some homeless person???

We are arguing different things. You keep repeating your analysis over and over again and I understand your analysis and your analysis is right only if you assume that the CSPA does not apply. I am arguing that it DOES apply to this case and that it in fact supercedes the ban on IRs bringing derivative beneficiaries. The CSPA is not irrelevant simply because YOU say so. If it doesn't apply then you are right. If it DOES apply then I am right and I have a shot. So if our petition is denied (as you say it will be) then we will appeal and get a hearing and this is where we will make the case that Congress intended the CSPA to reach situations like this notwithstanding the ban on derivative beneficiaries attaching to IRs. If we win then (1) my sister gets her GC and (2) we help advance (or confuse) immigration law a little. If we lose then we wait for the employment-based petition to come through. Actually, if the employment-based application were to come through b4 the CSPA-based one, then we take the employment-based GC and move on. But it costs nothing to give it a shot!

 

[ocworker]

Well, yeah... I can understand that it is hard for anybody to learn that a seemingly good plan is not going to work out...

There is some water on my patio furniture, so it must have rained over night... But I am going to enjoy a drive in my convertible later today

i think it rained last night. nice.. convertible.. which one did you get? rich rich

also, it is hard for people to learn the truth however, they have to accept it one way or the other anyway.

 

[zuleron]

Why would it? There is no derivative case. So the basic premise of it doesn't apply.
And like in mathematical deductions, from a false premise you can't deduct anything...
The formula is: if a then b.
You claim b, but a is not true, so b can't, either.
It can't. If it would, it would have removed the lines from the INA. INA is valid law.
Already a lost case. If Congress intended to apply the CSPA to such cases, they would have said so.
The CSPA applies in cases where there is a derivative case. In this case, there is no derivative. Period. End of story.
You are arrogant in even thinking that you can win such a frivolous appeal. And you seem to swim in money...
Which employment-based petition? On which basis? Does your sister have a skill that can't be found in the US?

I am going through with it come hell or high water! I will let an IJ tell it to me and not some nobody with a loser attitude and seems to have an obssession with my money. I'll tell you this much: If I had the same attitude you did, I would never be making the $$$ that I am making.

And if you must know: my sister is skilled in shopping on Park Ave.

 

[Sand Diego]

JoeF,
Let Zuleron have the last word. I just hope he'll have the courage to post the outcome of his plan, so that others can benefit from his experience. I still don't get why he started this threat asking for help but then he has ignored all help given.

 

[ocworker]

The car is a little 2-seat roadster, a Mazda Miata. It is not overly expensive, 28K or so new. I don't have kids, so it is perfect for me and my girlfriend.

Nice!

I drove a miata once when I was on a project in Portland. It was too small for a "big / fat" guy like me. hahaha

but i love that guy. it is cool. the new one is coming out. i might want to get a 2-seater roadster (inexpensive one).

 

[zuleron]

The car is a little 2-seat roadster, a Mazda Miata. It is not overly expensive, 28K or so new. I don't have kids, so it is perfect for me and my girlfriend.
While I don't have kids, there are some people here who act like kids... I guess this is a good training on how to handle irrationalism rampant in kids

GET A LIFE!

I remember you now from the nonsense last year with Bush and Kerry... You and some other dude wouldn't shut up! I think you even created a new identity so you could run your mouth! 7000+ posts????!! Dude, you spend entirely waaaaay too much time on this site! In the last week I have been to an NBA playoff game, gone skydiving (for the 15th time), seen an opera, had $60 steaks (always rare) with my girl, and tomorrow I am going water skiing. THAT, loser, is a LIFE! GET ONE!

 

[zuleron]

No argument anymore, huh? You remember things wrong. I do not and have never created any other identity. I am above such childish tactics.
And how much time I spend on this site is none of your business, anyway.
Finally, calling people names doesn't help your case, either. Did you find out from some other source that I was right, and now you are upset? Tough luck... I told you so...
Living in a dream world is never a good idea. There is this pesky thing called reality...

And my reality is and always will be better than yours!