Please help me

P

pingkon

Registered Users (C)
Hi

I am a bangladeshi , my mother is L.P.R she aplyed for me I-130 in december 1999 ,
31,August 2004 I-130 was Approved .
visa priorety date is avilabe right now .

my asking ,
(if child stutas protection act for F2A )to aply for I-485 registation for permanent recident by C.S.P.A F2A , from U.S.A , if possible ,
1. How many days will take to approved I-765 and I-485 ,
2. how many month will take to get GC about this Type of Case

Thanks
 
Hi Pingkon

This is a good new that your I-130 is approved . you say that your visa date is available ok , I think so your over 21 Right ? cause asking about C.S.P.A.
If your are over 21 you must be F2B ,
But about under child stus protection act may be you are F2A , but I am not sure . you should talk with a Atorny .
If you are elgible to C.s.p.a and i-765 and i-485
1.i-765 for 3-4 month
2. 485 about 6-month to 2 years . G.C same time

pingkon please talk with a good atorny

thanks
 
Thanks Sumon for raply

May be i am elgible for cspa .if any body could know more information please reply
 
You will be eligible only if visa number was available for you before you turned over 21.

Regarding I-485/765, someone already posted the response.
 
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Hi

20 September 2002 the bill pased for Age outing "Child stutus protection act" Under the CSPA, if you are a lawful permanent resident and you file a Form I-130 on behalf of your child before he or she turns 21, your child’s age will be determined using the date that the priority date of the Form I-130 becomes current, minus the number of days that the Form I-130 is pending. In addition, your child must seek to acquire the status of a lawful permanent resident within one year of visa availability.

Its did not say "You will be eligible only if visa number was available for you before you turned over 21 "

So you can also see( www.uscis.gov ) CSPA section 3
 
Thanks Sumon and usnycus for the infomation , sumon please write a more about this case . thanks for help , If any one know about this kind of case please write for me and Forum . this is a Coplecate age outing case I think so

thanks
 
Here is actual text from USCIS Memo:

Section 3 of the CSPA addresses whether certain aliens will be able to adjust as a “child” of a lawful permanent resident (LPR) even if they are no longer under the age of 21. As discussed in the previous memorandum, the beneficiary’s “age” is to be calculated for CSPA purposes by first determining the age of the alien on the date that a visa number becomes available. The date that a visa number becomes available is the first day of the month of the Department of State (DOS) Visa Bulletin, which indicates availability of a visa for preference category. Of course, if upon approval of the Form I-130, Petition for Alien Relative, a visa number is already available according to the DOS Visa Bulletin, the date that a visa number becomes available is the approval date of the Form I-130. From that age, subtract the
number of days that the Form I-130 was pending, provided the beneficiary files a Form I-485, Application to Register Permanent Residence or Adjust Status, based on the subject petition, within one year of such visa availability. The “period that a petition is pending” is the date that
it is properly filed (receipt date) until the date an approval is issued on the petition.

Check following memo:
http://uscis.gov/graphics/lawsregs/handbook/CSPA2_pub.pdf
 
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Thanks usnycus information from USCIS . Its a realy inportent reply for me and forum . I wana sare with you more about my case . My mom Petition for me (I-130 ) in december 99 , when my age was 17 years and 7 month * July 2004 Visa is available on DOS (priorety date) (my age was 22 years and 6 month .
My Case was Panding 4 years and 8 month

*30 ,August , 2004 was I-30 Approved ( my age was 22 years 7 month

Right now I am 22 years 10 month

Now Could you tell me am I elgible for adjust I-485 L.P.R under CSPA setion :3 (F2A)

Any one can give me Advice Please , Please ,Please , help me
 
I-130 approval date is irrelevant.

Answer to you question is in: Was visa number available to you before you crossed 21?

If not, then you are not eligible under CSPA.

Here is the example:

If a Form I-130 was filed in 1998 when the derivative beneficiary was 20, the priority date became available at that time, the Form I-130 was not adjudicated until today, and a Form I-485 was filed nine months after petition approval, the derivative beneficiary’s “age” for CSPA purposes would be 20 (the beneficiary is 24 today, but the Form I-130 was pending for 4 years). Thus, this beneficiary would be eligible to retain classification as a child.


If a Form I-130 was filed in 1998 when the derivative beneficiary was 20, the Form I-130 was approved one year later, but the priority date did not become available until 2003, the derivative beneficiary’s “age” for CSPA purposes would be 24 (the beneficiary will be 25 at the time of visa availability, but the Form I-130 was pending for 1 year). Thus, this beneficiary would be unable to retain classification as a child.
 
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hi usnycus

The cspa Law singed on August 2002 .
I see your Exp.
If a Form I-130 was filed in 1998 when the derivative beneficiary was 20,
Agugust 2002 Dos viasa bulletin (F2a ) is 15 May 1997

Exp.If a Form I-130 was filed in 1998 when the derivative beneficiary was 20
When he/she is 21 (1999) Never could be the priority date became available
I wana tell that Never Possible Priorety date or Visa bulletin availabe (F2a) betwen one years Its not Possible .

If L.P.R Pettion For child after 3 years Child can Aply for a V-Visa not Immigration . But After one years Impossible under F2A Visa Bulletion is avilable
Just I like to tell May be Cspa Dosent Say that Visa bulletion should be available before 21 years .

I am not Sure , Cause I am not a Lowyer
Pinkon you Can talk with a Atorny

Thanks
 
Hi
I read all thread , this a New subject . but need to deccuss about this Case

If a Form I-130 was filed in 1998 when the derivative beneficiary was 20, the priority date became available at that time, the Form I-130 was not adjudicated until today. CSPA purposes would be 20 (the beneficiary is 24 today, but the Form I-130 was pending for 4 years). Thus, this beneficiary would be eligible to retain classification as a child.

If Filed in 1998 beneficiary was 20 , ok 2002 he/she 24 age travel.state.gov/visa/frvi_bulletinarchives_february2003.html
(1998 F2A have Visa avaiable on Murch 2003 ) Thats Ruselt is the Exp. From CSPA is did not showing Must Visa available fefore turn 21 Age .

Exp. From CSPA PINKON
Filed I-130 Filed I-130
1)1998 (age 20) I 1) 1999 (age 17 y 11m)
2)Visa Available 2)Visa Available
2003 Murch (age 25) 2004 july (age 22y 6M)

visa available from CSPA exp. 25 year old . For pinkon Visa availablty when he was 22 y 7 M Age .

Now My Question for you (usnycus) ? If CSPA Exp. Right for elgible to Adjust for L.P.R. ,why not for Pingkon ??????



I am not a Lowyer , If any body like to Adjust ,before you must Deccuss with a lowyer or a Atorny . Please
 
Hi
I read all thread , this a New subject . but need to deccuss about this Case

If a Form I-130 was filed in 1998 when the derivative beneficiary was 20, the priority date became available at that time, the Form I-130 was not adjudicated until today. CSPA purposes would be 20 (the beneficiary is 24 today, but the Form I-130 was pending for 4 years). Thus, this beneficiary would be eligible to retain classification as a child.

If Filed in 1998 beneficiary was 20 , ok 2002 he/she 24 age travel.state.gov/visa/frvi_bulletinarchives_february2003.html
(1998 F2A have Visa avaiable on Murch 2003 ) Thats Ruselt is the Exp. From CSPA is did not showing Must Visa available fefore turn 21 Age .

Exp. From CSPA ..................................................PINKON
Filed I-130 ......................................................Filed I-130
1)1998 (age 20) ......................................... 1) 1999 (age 17 y 11m)
2)Visa Available ..............................................2)Visa Available
2003 Murch (age 25) .........................................2004 july (age 22y 6M)

visa available from CSPA exp. 25 year old . For pinkon Visa availablty when he was 22 y 7 M Age .

Now My Question for you (usnycus) ? If CSPA Exp. Right for elgible to Adjust for L.P.R. ,why not for Pingkon ??????



I am not a Lowyer , If any body like to Adjust ,before you must Deccuss with a lowyer or a Atorny . Please
 
I am not saying "pingkon" cannot adjust to LPR. What we are discussing is the family category s/he will fit in.

S/He is trying to get into for F2A with PD of 01-JUL-00 (i.e. Spouses and Children of LPR).

And based on scenario s/he has given, it looks like s/he will only be eligble to file immigrant petition under F2B with PD 22-JUL-95 (i.e. Unmarried Sons and Daughters of LPR).

Reason s/he can't file I-485: Dates for F2A are current but not for F2B.
 
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Preference Categories
Section 3 of the CSPA addresses whether certain aliens will be able to adjust as children of LPRs even if they are no longer under the age of 21
For example, if a Form I-130 was filed in 1998 when the child was 20, the priority date became available today and the Form I-130 was not adjudicated until today, the beneficiary’s “age” when determining preference category would be 20 (the beneficiary is 24 today, but the petition was pending for the 4 years), provided the “child” applies for an immigrant visa or for adjustment of status within one year of the priority date becoming available.

Pingkon See underline , that didnot Say Priority Date Before under 21 age .
I Read your thread your age is Right now 22 y 7 m , So you are benificiary under 21 age For CSPA Section 3 . I think you could Adjust LPR (elgible) I-485 and I-765 EAD . Take Advice From Atorny or Lowyer

Thanks

I am not a Lowyer
 
Hi Every one

Thanks guy for advise about CSPA. I applied for (I-765) and adjust I-485 L.P.R at end of November . INS Receive My Petition , I have done my finger print end of December . Today I cheek Online status (MSC-765) Current Status: “ after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.”
 
Hi
I got my work authorized Card (under I-130 , CSPA)

I-765 and I-485 (november 2004)
Fingerprint (december 28,2004)
I got my work authorized Card 4,January 2005

Thanks for Advice
Sumon,usnycus,Srabony
 
Under CSPA I-485 was Approved

Hi Every one

I filed I-485 at sept.2004 under CSPA It was Approved last feb.2005.and I got interview . sept. last week is my interview .

I am over 21 years old , I came here V-visa and its expier , so manny Atorny said that I should not field for I-485 . but I find out cspa 2002 www.uscis.gov and field I-485 by a indian atorny

I-130 1999
V-visa 2003 (21st birthday)
2003 april (expier V-visa)
I-field I485,I-765 Sep.2004 (age 22)
work permit and social s card -2005 jan.
I-485 Approved feb.2005(age 25)
Interview September last week

Please Pray for me that I can get Green card

Thanks
 
I filed a pition (I-130)

HI everyone

I filed a pition (I-130) for my wife on april 2008. My son son bron at September 2008. My son's name wasn't on the pition (Child option was blank, because he wasn't bron that time.). what should I do now? Do I need to aply a new pition separetly for my son ? please help me about that.
Thanks
 
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Humm But I am not US Citizen. I am green Card holder since 2005. I go married at 2007.. I filled I-130 behalf my wife at 2008 april. My son bron at 2008 september. now they both live in outside of U.S.A... do I need to filled another I-130 behalf my son?
 
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