Retention of priority date off cspa

[jin-jin 0]

Hello guys I'm back again. After my cspa success, I totally love this site. Anyway, I got a question again. This one is for my cousin.. Can anyone from Philippines know how to request in the embassy to retain a parents priority date..? My cousin is a 23 yrs old. He is the beneficiary of her mom. Her mom was petitioned under f1 category. 1985 is the priority date in 2011 they got interviewed but unfortunately my cousin is already aged out. So when her mom arrived here in us. She petition my cousin under f2b category.. Now, we want to retain her mothers priority date so it will make his processing faster. Because in f2b the waiting time is 10 years. And our problem is, how could we notify the us embassy manila or the NVC in retaining priority dates... I hoping for ur reply guys. Thanks.

[apple21 953]

He doesn't retain his mom's priority date because he already aged-out as mom's derivative.

He is under the F2B category now with the PD when his mom filed for his i-130. He will wait 10-11 years before he can immigrate. He has to maintain his unmarried status all thru out the waiting time.

[jin-jin 0]

He doesn't retain his mom's priority date because he already aged-out as mom's derivative.

He is under the F2B category now with the PD when his mom filed for his i-130. He will wait 10-11 years before he can immigrate. He has to maintain his unmarried status all thru out the waiting time.

Isn't it that the retention of priority dates applies to the aged out child of a derivative and has a new filed 1-130?

[apple21 953]

Isn't it that the retention of priority dates applies to the aged out child of a derivative and has a new filed 1-130?

No. A newly filed i-130 means a new PD too.

Your case is different from your cousin's. You were saved by CSPA, he wasn't.

My husband also aged out as his dad's derivative from his grandmother's F3 petition. When his dad got his GC, he immediately filed a new i-130 for hubby. He did not retain his dad's old PD, he was given a new PD thus a new waiting time under F2B.

If you're speaking about that case filed against USCIS by relatives of aged-out children, there's no guarantee that it will be implemented so you can't use that as basis for now.

Edited April 11, 2013 by apple21

[wilzhen 3]

How will I know that my petition for my daughter is been approved? I am a permanent resident? Her priority date is jan.8 2013

[5Angels2Gether 1]

Hello!

I hope this link helps; it's a recent post by a Filipino lawyer who interpreted the most current rulings around CSPA.

http://www.sarmientoimmigration.com/2012/09/30/aged-out-children-can-now-retain-old-priority-date-and-speed-up-immigrant-visa-and-green-card-process/

Your aunt can write to the National Visa Center, 31 Rochester Avenue, Suite 200, Portsmouth NH 03801 or via email - E-mail: NVCInquiry@state.gov. In either case, make sure she includes the following information:

* Name of the person submitting the inquiry
* NVC case number or USCIS receipt number
* Petitioner's name and date of birth
* Principal Applicant's name and date of birth

The NVC usually responds within three weeks.

I also read the following relating to CSPA. You can try to do further research relating to Section 1153(h)(3). - "The CSPA calculates a child’s age using a formula which takes into account the government’s delays in processing a visa petition. If even after the age-reducing computation, a child’s age is still 21 or over, Section 1153(h)(3) still preserves the aged-out child’s chances for a green card by allowing the petition to be automatically converted to the appropriate category. It also allows the child to retain the original priority date."

Nothing ventured, nothing gained. There is no harm in sending an inquiry to determine if your cousin does or does not qualify.

I hope this helps and good luck!

[NigeriaorBust 4,087]

Hello!

I hope this link helps; it's a recent post by a Filipino lawyer who interpreted the most current rulings around CSPA.

http://www.sarmientoimmigration.com/2012/09/30/aged-out-children-can-now-retain-old-priority-date-and-speed-up-immigrant-visa-and-green-card-process/

Your aunt can write to the National Visa Center, 31 Rochester Avenue, Suite 200, Portsmouth NH 03801 or via email - E-mail: NVCInquiry@state.gov. In either case, make sure she includes the following information:

* Name of the person submitting the inquiry

* NVC case number or USCIS receipt number

* Petitioner's name and date of birth

* Principal Applicant's name and date of birth

The NVC usually responds within three weeks.

I also read the following relating to CSPA. You can try to do further research relating to Section 1153(h)(3). - "The CSPA calculates a child’s age using a formula which takes into account the government’s delays in processing a visa petition. If even after the age-reducing computation, a child’s age is still 21 or over, Section 1153(h)(3) still preserves the aged-out child’s chances for a green card by allowing the petition to be automatically converted to the appropriate category. It also allows the child to retain the original priority date."

Nothing ventured, nothing gained. There is no harm in sending an inquiry to determine if your cousin does or does not qualify.

I hope this helps and good luck!

This is speaking to a petition filed directly for a child. So if you were to petition a minor child and that child ages out of the minor child catagory they petition is then converted to the appropriate next petition of adult son/duaghter. There is no next petition for from child of petitioned person to adult son or daughter of petitioned person. That person needs a new and separate petition.