Processing new Immigration Application to benefit from CSPA

[sarahjoseph 0]

Hi,

I currently have a Permanent Resident Card since May 2009 from my sister, preference category F4 (APPLICATION 1)

Also, I have recently received the Immigrant Visa Application Processing Fee Bill Invoice for another immigration application through my dad category F3 (Married sons and daughters of U.S. Citizens) (APPLICATION 2)

I would like to proceed with the second immigration application (APPLICATION 2) for this reason:

My eldest son could benefit from the Child Status Protection Act (CSPA), so I could give my son (the last member of the family) a chance to be included with us in the United States. As in the first immigration application (APPLICATION 1) he was “aged out” and could not benefit from the CSPA.

Is it permissible and legal to proceed in another immigration application so my son could benefit from it? What should I do?

Sarah

[milimelo 4,226]

Hi,

I currently have a Permanent Resident Card since May 2009 from my sister, preference category F4 (APPLICATION 1)

Also, I have recently received the Immigrant Visa Application Processing Fee Bill Invoice for another immigration application through my dad category F3 (Married sons and daughters of U.S. Citizens) (APPLICATION 2)

I would like to proceed with the second immigration application (APPLICATION 2) for this reason:

My eldest son could benefit from the Child Status Protection Act (CSPA), so I could give my son (the last member of the family) a chance to be included with us in the United States. As in the first immigration application (APPLICATION 1) he was "aged out" and could not benefit from the CSPA.

Is it permissible and legal to proceed in another immigration application so my son could benefit from it? What should I do?

Sarah

If you already processed for the F4 immigrant visa and received a green card, you're done with petitions - can't have more than 1 green card. File I-130 for your son and do the waiting game.

[Kathryn41 3,205]

Thread moved to the "Bringing Family Members of Permanent Residents to the US' as the OP is not yet a citizen.

Duplicate thread posted in the AOS forum has also been removed. It is only necessary to post a topic in one forum - and this is the more correct forum for this question.

Edited May 8, 2010 by Kathryn41

[Boiler 43,572]

You would need to relinquish your current status by leaving and surrendering your GC. There is a form. And then start again.

Not something to do without consulting a lawyer.

[aleful 1,905]

You would need to relinquish your current status by leaving and surrendering your GC. There is a form. And then start again.

Not something to do without consulting a lawyer.

that petition should have been canceled since you got your GC. there was more than one petition at the same time, the first one that came current was your sister's petition, so you got your GC through her, the other one is voided unless you want to relinquish your GC and I wouldn't do that unless I consulted a very good lawyer if it's possible.

You should have canceled your sister's petition, and wait for your fathers to all get the GC at the same time, he is only derivative of you, he gets the GC at the same time you do.

Now you have to file for your son since you are already a LPR.