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New Court Ruling for Aged OUT children

#1 Richard29

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Posted 28 September 2012 - 10:33 PM

Hi there,

I am writing about the family petition filed by my aunt for my father. This was filed in 1991. About two years ago, my father's priority date was about to be current so the NVC asked for our papers and payments. I and my twin brother, 19 years of age by then, were included as my father's derivatives and were successfully registered under my father's petition process. However, a retrogression of priority dates happened and in the 4th preference family a 3 year retrogression happened. Two years passed quickly and we turned 21 turning 22 this november 2012 and we are termed age-out. Some experts say we have a chance with what we call "child status protection act" but we are not too enthusiastic about it since it's a per case basis. Moving on, we have heard about a new ruling about age-out children for immigrant visas and I would like to hear about it. My brother and I are still single. Another issue is that my dad is undergoing a hemodialysis treatment for his kidney failure, so I would like to know if there would be no problems once my dad's visa number comes out and be scheduled for a medical. With his medical condition I assume they will consider that my father has waited for almost 2 and a half decades for his petition and granting him the petition will render him better treatment once he gets there. Thank you. Hope to hear from you. More Power!
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#2 Bob 4 Anna

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Posted 28 September 2012 - 11:30 PM

With his medical condition I assume they will consider that my father has waited for almost 2 and a half decades for his petition and granting him the petition will render him better treatment once he gets there.


Actually his medicial condition might be a problem. Who will pay for his on-going medicial needs? Will his sponsor be able to provide him medical coverage?
He may have to wory about denial based on chance of becoming a public charge.
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#3 apple21

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Posted 28 September 2012 - 11:43 PM

what's your priority date?
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#4 Richard29

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Posted 28 September 2012 - 11:46 PM

His sister and brother are medical doctors there, and the rest of his siblings are there, and another 3 sisters are in the nursing profession. My sister is as well a pharmacist who is now a legal permanent resident. How about the new ruling in the aged out children? Do you have any idea?

Our priority date is on november 4, 1991
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#5 apple21

apple21

    I don't like mayonnaise!



Posted 29 September 2012 - 12:04 AM

i think you won't be able to calculate if you're covered by CSPA unless your priority date becomes current (also the time a visa number is available for you).

so far this is the computation of CSPA via US Embassy Manila's website: http://manila.usemba...v/wwwh3228.html
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I'm the F2A beneficiary (Spouse of LPR)
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graphics-arrows-496347.gifEmbassy interview

 

 


#6 Richard29

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Posted 29 September 2012 - 12:13 AM

Actually his medicial condition might be a problem. Who will pay for his on-going medicial needs? Will his sponsor be able to provide him medical coverage?
He may have to wory about denial based on chance of becoming a public charge.



His sister and brother are medical doctors there, and the rest of his siblings are there, and another 3 sisters are in the nursing profession. My sister is as well a pharmacist who is now a legal permanent resident. How about the new ruling in the aged out children? Do you have any idea?

i think you won't be able to calculate if you're covered by CSPA unless your priority date becomes current (also the time a visa number is available for you).

so far this is the computation of CSPA via US Embassy Manila's website: http://manila.usemba...v/wwwh3228.html


Our priority date is on november 4, 1991
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#7 Richard29

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Posted 29 September 2012 - 12:17 AM

i think you won't be able to calculate if you're covered by CSPA unless your priority date becomes current (also the time a visa number is available for you).

so far this is the computation of CSPA via US Embassy Manila's website: http://manila.usemba...v/wwwh3228.html



Dear apple,
Yeah you're right. We can't compute it until the pd is current. Anyway do you have any idea about the new court ruling that disregards those who pass the age of 21 as long as they are single?
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#8 apple21

apple21

    I don't like mayonnaise!



Posted 29 September 2012 - 12:21 AM

from the link above, you need this info in order to compute for CSPA:

STEP ONE: Does the CSPA apply to the case?

Was the derivative applicant under 21 years of age when petition was filed?

If the answer is yes proceed to Step 2; if not, CSPA would not apply to the case and the remaining steps are not applicable.


STEP TWO: If the CSPA applies in Step 1, calculate the aliens age with the following data:

(A) the date a visa number became available for the applicants use,

(B) the applicants date of birth,

© the date the visa petition was approved by the U.S. Citizenship and Immigration Services, and

(D) the date the visa petition was filed or the priority date.


As of the moment, we do not have the info on step (A) because your priority date is NOT yet current.
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#9 apple21

apple21

    I don't like mayonnaise!



Posted 29 September 2012 - 12:26 AM

Dear apple,
Yeah you're right. We can't compute it until the pd is current. Anyway do you have any idea about the new court ruling that disregards those who pass the age of 21 as long as they are single?


As far as I know, all petitions under Family based preference still follow the age limit rule.

Only the unmarried child below 21 of US citizens are the ones protected and exempted from aging-out.

If you become married, you won't be able to benefit from your father's F4 petition.

Edited by apple21, 29 September 2012 - 12:27 AM.

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I'm the F2A beneficiary (Spouse of LPR)
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#10 Richard29

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Posted 29 September 2012 - 12:33 AM

As far as I know, all petitions under Family based preference still follow the age limit rule.

Only the unmarried child below 21 of US citizens are the ones protected and exempted from aging-out.

If you become married, you won't be able to benefit from your father's F4 petition.


Thank u apple, I agree with you that age limit rule. However here is a link that informs the public that there is a new ruling. If you have time to read and watch pls do so. Thank you

http://www.balitanga...grant-families/
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#11 aaydrian

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Posted 29 September 2012 - 12:34 AM

Dear apple,
Yeah you're right. We can't compute it until the pd is current. Anyway do you have any idea about the new court ruling that disregards those who pass the age of 21 as long as they are single?

Don't know about the ruling you're talking about.

However if NVC completed your case before the Jan 1, 2011 retrogression then you are still 19 according to US immigration law. As mentioned before your father's health issues may stop him (and by default you) from going to the US. Depends on it's severity, your aunt/Co sponsor may have to have some 6 figures in sayings or a good health insurance plan ready upon your father's arrival to cover his illness.

What date was your father's F4 petition completed by USCIS?
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#12 apple21

apple21

    I don't like mayonnaise!



Posted 29 September 2012 - 12:51 AM

http://www.balitanga...grant-families/

USCIS still has a chance to file an appeal to the Supreme Court.

This would be great. My hubby was also a victim of the aging out rule back when his father was being petitioned by his grandmother under F3. His father had to file a new F2B petition for him.
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I'm the F2A beneficiary (Spouse of LPR)
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graphics-arrows-496347.gifEmbassy interview

 

 


#13 Richard29

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Posted 29 September 2012 - 01:13 AM

Don't know about the ruling you're talking about.

However if NVC completed your case before the Jan 1, 2011 retrogression then you are still 19 according to US immigration law. As mentioned before your father's health issues may stop him (and by default you) from going to the US. Depends on it's severity, your aunt/Co sponsor may have to have some 6 figures in sayings or a good health insurance plan ready upon your father's arrival to cover his illness.

What date was your father's F4 petition completed by USCIS?


The date that USCIS completed my father's F4 petition? do you mean the 400 dollar payment each member and the forwarding of papers to NVC and declaring we and our papers are qualified?
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#14 Richard29

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Posted 29 September 2012 - 01:24 AM

The date that USCIS completed my father's F4 petition? do you mean the 400 dollar payment each member and the forwarding of papers to NVC and declaring we and our papers are qualified?


Hi aaydrian,

What if the case was completed by USCIS after jan. 1 2011 and we were around 20 years of age, are we still 20 years old under the law until now. thank you
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#15 Mellow

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Posted 29 September 2012 - 03:03 AM

Hi aaydrian,

What if the case was completed by USCIS after jan. 1 2011 and we were around 20 years of age, are we still 20 years old under the law until now. thank you

When was your petition approved by USCIS ?
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