Richard29

oh dear, i thought you are turning 21 this November 2012.

No ma'am, how i wish i'm still 21. Time flies

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.

That's complete, can't disagree with you in any way. Thank you apple

to date, your best chance is still CSPA.

really? but some have said CSPA will be of no use because even if our pd is current today we would still be aged-out.

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.

Noted apple. Thank you for your wonderful replies. Hope the ruling will soon be finalized favoring aged-out children.

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.

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.

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

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.

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.

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.

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.

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

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?

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.balitangamerica.tv/court-ruling-on-aged-out-children-victory-for-immigrant-families/

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.usembassy.gov/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?

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.usembassy.gov/wwwh3228.html

Our priority date is on november 4, 1991

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

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!

thank you so much. cheers

generate sales, i mean to sell the real estate projects of my company like condo units, residential houses and lots, and the like.

Hi! I am a licensed real estate broker of the Philippines. I received an invitation from an aunt in US. The invitation states that I and my company(real estate developer) are invited in her organization as a doctor and in her associations as a filipino to do presentations, marketing, and the like to generate sales. I did the proposal to my company and they accepted the proposal. Hence, the company vouches my and my sales director's trip in the US. My first question is which type of visa should we pursue?(B1 for purely business or B1/B2 for business and personal). Our primary purpose is do the marketing and sales in my aunt's organization and association to generate sales for my company. However if it is also permitted that we tour at the same time, will that be advisable or just go for a B1 so to have a greater chance of obtaining a visa. My second question is what could be other ways, aside from my certificate of employment and the letter from my aunt in the US, to show that the plan is to do promotions alone and there is certainty of coming back in the Philippines? thank you