New Court Ruling for Aged OUT children

[Richard29 0]

When was your petition approved by USCIS ?

Hi Mellow,

It was approved i believe around MArch 2011 telling us that my father is on the qualified list of waiting for a visa number and all of our documents as well.

[Richard29 0]

When was your petition approved by USCIS ?

Hi Mellow! I suppose it was approved in March 2011 and we were 20 years old back then.

[Mellow 8]

Hi Mellow! I suppose it was approved in March 2011 and we were 20 years old back then.

I need to know the exact date of approval. It's not the date you received the choice of agent. It's the date you were notified by USCIS that the petition has been approved. This will determine your eligibility for CSPA.

[Richard29 0]

I need to know the exact date of approval. It's not the date you received the choice of agent. It's the date you were notified by USCIS that the petition has been approved. This will determine your eligibility for CSPA.

Our priority date is 04NOV1991.

Our approval date is 28MAY1992.

[JimVaPhuong 4,863]

The ruling has to do with retention of priority dates. This term means that a visa applicant who ages out and is either automatically converted to another visa category, or who is the beneficiary of a subsequently filed petition, can retain the priority date of the original petition. Retention of priority date has always been available to beneficiaries who automatically converted to another visa category as they are the primary beneficiary of the petition. However, retention of priority date for beneficiaries of a subsequently filed petition was previously only available to beneficiaries who aged out as derivatives of an F2A visa, and had an F2B visa subsequently filed for them. The 9th circuit court has determined that this sort of priority date retention should apply to all family preference visa categories.

Understand that this ruling, if upheld, does not mean you would not have aged out. It simply means that the new petition filed for you would keep the priority date of the previous petition. In other words, the new petition would inherit the priority date of the previous petition. Since the new petition would likely be filed by an immigrant parent, and since the visa category would likely be F2B, and since the cutoff dates for F2B visas are well ahead of the cutoff date for F4 visas, your priority date would likely be current as soon as your new petition were filed. This means you'd probably get a visa within a year of the new petition being filed.

You need to wait a bit more and see if USCIS appeals to the Supreme Court.

[Mellow 8]

Our priority date is 04NOV1991.

Our approval date is 28MAY1992.

Since it took only 6 months for your case to be approved you will still age out even if your PD is current now. The new ruling on the matter of Wang case is not yet final because it's still appealable by the govt. But if it becomes final, you have to be re-petitioned and will move to F2B category. Your old PD will be retained so it will be current immediately. Let's hope that this ruling will be sustained. Good luck.

[Richard29 0]

The ruling has to do with retention of priority dates. This term means that a visa applicant who ages out and is either automatically converted to another visa category, or who is the beneficiary of a subsequently filed petition, can retain the priority date of the original petition. Retention of priority date has always been available to beneficiaries who automatically converted to another visa category as they are the primary beneficiary of the petition. However, retention of priority date for beneficiaries of a subsequently filed petition was previously only available to beneficiaries who aged out as derivatives of an F2A visa, and had an F2B visa subsequently filed for them. The 9th circuit court has determined that this sort of priority date retention should apply to all family preference visa categories.

Understand that this ruling, if upheld, does not mean you would not have aged out. It simply means that the new petition filed for you would keep the priority date of the previous petition. In other words, the new petition would inherit the priority date of the previous petition. Since the new petition would likely be filed by an immigrant parent, and since the visa category would likely be F2B, and since the cutoff dates for F2B visas are well ahead of the cutoff date for F4 visas, your priority date would likely be current as soon as your new petition were filed. This means you'd probably get a visa within a year of the new petition being filed.

You need to wait a bit more and see if USCIS appeals to the Supreme Court.

Thank you! I was enlightened however I have a follow-up question. I and my twin brother were already included as derivatives and paid the fees and submitted the documents it just happened that pds were retrogressed. Do you mean we will still be filed another petition but inherit the same pd of my dad. Thank you so much. Looking forward to another brilliant answer.

Since it took only 6 months for your case to be approved you will still age out even if your PD is current now. The new ruling on the matter of Wang case is not yet final because it's still appealable by the govt. But if it becomes final, you have to be re-petitioned and will move to F2B category. Your old PD will be retained so it will be current immediately. Let's hope that this ruling will be sustained. Good luck.

Thank you! I was enlightened however I have a follow-up question. I and my twin brother were already included as derivatives and paid the fees and submitted the documents it just happened that pds were retrogressed. Do you mean we will still be filed another petition but inherit the same pd of my dad. Thank you so much. Looking forward to another brilliant answer.

[Shiobhan 235]

The medical of your dadd can be an issue depending how bad, even with that many medcal family members proof of not being a public charge may be required like them obtaining good insurance, if there's such a thing. I;d read somewhere at the ISCIS site that Alzhiemers , kidney probs & a few more illness may cause denial, so be sure to research this......good luck

[aaydrian 479]

Our priority date is 04NOV1991.

Our approval date is 28MAY1992.

Your priority date is November 4, 1991

Your approval date by USCIS is May 28, 1991

Your case was completed by NVC in March 2011.

Someone already answered correctly as to whether CSPA is applicable to you and if you are under 21 after CSPA calculation. Which is no in both cases. Your only chance to immigrate to the US using aspects of your father's F4 petition is this new ruling you mentioned.

[Mellow 8]

Thank you! I was enlightened however I have a follow-up question. I and my twin brother were already included as derivatives and paid the fees and submitted the documents it just happened that pds were retrogressed. Do you mean we will still be filed another petition but inherit the same pd of my dad. Thank you so much. Looking forward to another brilliant answer.

You're welcome. Yes a new petition has to be filed for each of you. You can email or call NVC regarding the fees that were already paid. Maybe they can be carried over to the new petition ?

[Richard29 0]

The medical of your dadd can be an issue depending how bad, even with that many medcal family members proof of not being a public charge may be required like them obtaining good insurance, if there's such a thing. I;d read somewhere at the ISCIS site that Alzhiemers , kidney probs & a few more illness may cause denial, so be sure to research this......good luck

Thank you for your response. I agree with you, the chance is having a good health insurance deal for my daddy. For some reasons I hoope they consider that dad is already waiting for almost 2 and a half decades and all his siblings are there. If ever my sister becomes a US citizen and file a petition for dad, do you think that would be more feasible? Thank you

Kind Regards,

Richard

[Richard29 0]

Your priority date is November 4, 1991

Your approval date by USCIS is May 28, 1991

Your case was completed by NVC in March 2011.

Someone already answered correctly as to whether CSPA is applicable to you and if you are under 21 after CSPA calculation. Which is no in both cases. Your only chance to immigrate to the US using aspects of your father's F4 petition is this new ruling you mentioned.

I agree that CSPA can't be utilized for our case but for reference purposes our approval date is May 28, 1992 not 1991. You have mentioned a date of completion of case before jan 1, 2011? Our completion by NVC was March 2011. If I get it right under the immigration law are we still 20? Since we were 20 years of age when it was completed in March 2011. Thank you so much and looking forward for another substantial answer.

Edited September 30, 2012 by Richard29

[apple21 953]

I agree that CSPA can't be utilized for our case but for reference purposes our approval date is May 28, 1992. You have mentioned a date of completion of case before jan 1, 2011? Our completion by NVC was Nov 2011. If I get it right under the immigration law are we still 20? Since we were 20 years of age when it was completed in March 2011. Thank you so much and looking forward for another substantial answer.

basis would be if you were under 21 by the time that your PD becomes current. being considered case complete doesn't mean that a visa number is already available for you.

[Richard29 0]

You're welcome. Yes a new petition has to be filed for each of you. You can email or call NVC regarding the fees that were already paid. Maybe they can be carried over to the new petition ?

I hope so they could be carried over. Anyways Mellow how would my parents petition us? Would they be required to show that they are able to petition us like having a work and showing assets just like an ordinary filing of petition? Or it would not be strict since we will just need another filing due to aging-out and inherit my dad's pd? Thank you and looking forward in hearing from you.

[apple21 953]

I hope so they could be carried over. Anyways Mellow how would my parents petition us? Would they be required to show that they are able to petition us like having a work and showing assets just like an ordinary filing of petition? Or it would not be strict since we will just need another filing due to aging-out and inherit my dad's pd? Thank you and looking forward in hearing from you.

after your parents receive their green cards, one of them can file an F2B petition for you.

if petitioner is employed with sufficient income (meets the poverty guideline), no need for a co-sponsor.

if the petitioner is employed but income is not enough to meet required income poverty guideline, get a co-sponsor.

if the petitioner is unemployed, get a co-sponsor.

the new ruling is NOT yet enforceable so you can't 100% rely on it. there's a 50/50 chance that the US Supreme Court might rule on it or against it. don't base your hopes on something that isn't considered a LAW yet.

if the new ruling is not passed, you're looking at a 10-11 year waiting period under F2B.

Edited September 30, 2012 by apple21