bca94

Here's for the people who have a family member that's been waiting many years or even decades to migrate to the U.S.

https://petitions.whitehouse.gov/petition/fix-immigration-system-stop-prioritizing-illegal-immigrants-and-promote-legal-immigration/NsRN14G1

Assumptions shouldn't be made neither. Perhaps answering limiting to the information given would be better.

Well, you replied to me in a manner like I didn't have any knowledge of the CSPA formula. If I was depending myself on the retention of priority date it was because the formula doesn't help me in the first place (reason why they made the retention of priority date clause, to help children who were still over 21 even when applying the CSPA formula).

You seem to assume things without first asking. If I was depending myself on the retention of priority date it was because even when doing the CSPA formula I turn out to be older than 21. The time it took for my mother's petition to be approved was just 1 month. If my mom is gonna get her green card in around 4 years based on the current cut-off date of her category and the pace that it is going, reducing a month is meaningless and I will still be 23 years of age.

And I already knew that in the case of being over 21 my mother can petition me for a green card once she gets hers. But that would take around a decade and I'm not interested on migrating to the US to be seperated 10 years and to migrate at such late age.

And yes, when I said Congress to "clarify the confusion" I was obviously referring to Congres passing a new law fixing this problem. But then again, the GOP don't have the intention to help any immigrant whether legal or illegal and the democrats are so focused in illegals that they really forget about legal immigrants. So yeah, there's no chance if that was your point.

My mother is in the F4 Category of Brothers and Sisters of US citizens from the Philippines. Her priority date is 21OCT94 and the current cut-off date of the category is 15NOV90.

I have to mention that I am still 19 years old and haven't aged out yet. But due to the time my mother still needs to wait for her priority date to be current (which is approximately 4 more years) I will indeed age out in the future and will be around 23 years of age at the time my mother gets her green card.

So to your question: Yes, I wasn't born at the time they petitioned my mother and I will already have aged-out at the time she gets her green card.

My only chance was the lawsuit against the government in the Supreme Court to let sons and daughters over 21 years of age to retain their parent's original priority date which the court has ruled against unfortunately this past Monday.

Even then, there is still one last chance if Congress clarifies the confusing statute and confirms that the congressmen who made this law back in 2002 did intend for all children over 21 to retain their parent's original priority date as these congressmen have stated in an amicus brief sent to the Supreme Court and not just one category as the court ruled.

In the case of a victory, I need to know if my sister and I would be able to retain our mother's priority date or we will not be able due to not having been listed on our mother's petition as a derivative beneficiary at the time the petition was filed.

In the case that immigrants win in the Supreme Court 'Mayorkas v. Cuellar de Osorio' case and they allow aged-out sons and daughters derivatives to retain their parent's original priority date: Do those aged-out derivatives had to be mentioned in their parent's petitions at the time they were filed? Or it is not necessary? 'Cause some people like myself were not even born yet at the time they petitioned our parents.

Bump.

I have a question related to the CSPA matter in the Supreme Court case 'Mayorkas v. Cuellar de Osorio' or the retention of priority date and automatic conversion of category.

Whenever I read about the examples they use when talking about the Mayorkas v. Cuellar de Osorio case, they always mention sons and daughters who were listed as derivative beneficiaries at the time their parents were petitioned but aged out.

Now, my problem is that at the time they petitioned my mother 20+ years ago I wasn't even born yet. So my question is: In the case the immigrants win in this case, would I be able to benefit from the retention of priority date and automatic conversion benefits from CSPA? Or will I not be able due to the fact that I wasn't listed in my mother's petition as a derivative beneficiary?

Luckily even if I don't I still need to wait 5 more years for my mom to get in front of the line so there's enough time to send an update of her case and list her children as dericative beneficiaries.

CSPA applies to you. Your mother had an approved petition on Aug. 6, 2002, so CSPA applies.

Whether your CSPA age is under 21 is for a CSPA calculator to tell you. If your CSPA age is under 21, then you qualify as a dericative beneficiary. If your CSPA age is over 21, then you do not qualify as a dericative beneficiary.

The reason why I had this confusion is because I always understood that requirement as that you had to have your petition approved on or after August 6, 2002 (approved on that day or after) and that anything approved prior that date doesn't count. So I'm wrong in this?

I'm not asking how to apply the CSPA. I'm asking whether CSPA covers my situation or not. I am confused with one of the requirements in order to be covered by CSPA:

Must be the beneficiary of a pending or approved visa petition on or after August 6, 2002.

My mother's petition was approved in the 90's, before the enactment of CSPA. Does CSPA cover my situation or not?

Hi

I've been reading and reading the CSPA to see whether my case is covered by it or not and I'm still not sure. So I prefer to ask you people here to be clear once and for all.

My U.S. citizen aunt petitioned my mother for a green card in the 90's (prior enactment of CSPA). We are still waiting for her PD to become current.

Do I, as a derivative beneficiary, qualify for CSPA?

Thank you

Hi

I was wondering, if a person with a family-based petition from an oversubscribed country changes of nationality during his/her wait to get a green card, can he/she then change of immigrant category - from the oversubscribed country category to the worldwide category - for the purpose of getting the green card earlier since priority dates of the worldwide category are much more ahead than those of the oversubscribed countries.

Cheers

Yup! But it is not serious at all, since you do not have any ban.

Thank you I'm happy to know that.

It will be noted as " overstay " but it happened while you were a minor, so you dont have any ban, and it wont effect on your K-1 or CR-1.

Thank you. So noted you mean like it will simply be noted in my immigration history that I overstayed, right? Or noted where?

It will not make a difference. As you understand, minors do not accrue illegal presence.

So does this mean that it will be like the overstay never happened and it will not affect on a future K-1 or CR-1 petition because the overstay was while I was a minor?

Hi

I overstayed a little more than a year in the U.S. in the past on a VWP. Overstayed as a minor and left the U.S. as a minor.

I understand that I don't have a ban since I departed the U.S. before I was even 18. My question is: when my gf petitions a K-1 or a CR-1 for me in the future, a side of probably being asked about the overstay during the interview or at whatever time during the application's process, is there any probability of not getting the K-1 or CR-1 visa because of my a-little-more than a year overstay as a minor in the U.S.? If so, due to what reason could it be?

Just wanted to know if there could be a possibility of not getting the K-1 or CR-1 visa because of my overstay in the U.S. when I was a minor.

Thanks.

With all these recent cases of aged-out children who were derivative beneficiaries before and who now can retain their parent's original priority dates in a new petition filed by their parents to be able to migrate to the U.S. in a short period of time, I found this video to be important to share.

Now, keep in mind that not every place in the U.S. allows this to happen. The U.S. Circuit Courts of Appeals are divided in their answer. The 5th (Texas-based) and 9th (California-based) Circuits said YES, you can retain the original priority date of your parents to be used when they file for you a new petition in the F2B preference. While the 2nd Circuit (New York-based) said NO, you can not do that.

The fact remains there: USCIS is actually adjusting status to people who were derivative beneficiaries once but who aged-out and now are the main beneficiaries of F2B petitions with the priority dates of their parent's original petitions.

So in conclusion, whether you can do this or not, it all depends on geography.

You are in Spain. Last time I checked that is outside the remit of the 9th.

I am not aware that USCIS has changed its procedures. But not something I follow.

My hole family in the U.S. lives in California, including my aunt who petitioned for my mother. My mother would reunite in California with the rest of the family once she has her green card. The 9th has jurisdiction in 4 districts in California. Am I wrong thinking that something can be done (in the case that there really is something that can be done) because of the fact that all my family live in a state where the 9th has jurisdiction on? Specially if my mother is going there when she has her green card.

Better contact NVC as soon as possible so you can be added into the petition. You can't compute CSPA until your PD becomes current.

I contacted my uncle and he gave me the priority date and the date that the petition was approved. Unfortunately it only took 1 month to be approved. My mother's PD is expected to come up at some point of 2017 and beyond. By then, I will be around 23 years of age. 1 month doesn't help me to still be considered as a child. How about the retention of priority dates? I have recently read these 2 links, both from November 2012:

http://www.asianjournal.com/immigration/atty-jean-s-tinsay/18059-priority-date-retention-and-automatic-conversion-of-visa-petitions-.html

http://www.asianjournal.com/immigration/atty-kenneth-reyes/18306-retention-of-priority-dates-for-certain-aged-out-derivative-beneficiaries-.html

Please tell me that there's something that can be done in my situation.

So she might get her visa c 2019.

Using excel, putting all the cut-off dates of the preference into the program to make a chart and based on the current speed of the preference, it should be around 2017. But that is just a proximate guess. Who knows if they can screw up the preference's cut-off dates more.

What's the Priority Date? And from what country are you?

You can refer to the Visa Bulletin to know if your PD is near current or not: http://www.travel.state.gov/visa/bulletin/bulletin_5856.html

I would suggest for your Aunt to contact NVC.

Mother is from the Philippines. Sister and I were born in Spain and still living in Spain. All 3 of us are Spanish citizens but for immigration purposes, my mother is still considered a Filipino citizen since they base a person's petition on country of birth. Since my mother is from the Philippines and she was petitioned by her U.S. citizen sister, her preference is F4 category of the Philippines and her priority date is some day of October, 1994. Due to a retrogression, cut-off dates went backwards and currently it's in 1989.

If a child is born into the beneficiary's family, they should inform NVC as soon as possible so the child can be added into the case.

Now, if the petition is already "case complete" and has been forwarded to the embassy but still waiting for PD to become current, the beneficiary should inform the embassy that a child has been born and should be included in the case.

I was born after the petition was done and my sister as well. I'm not sure whether we were included or not after we were born in the case as I am not the one who is in charge of the papers but my U.S. citizen aunt and her husband. My aunt was the one who petitioned for my mother. Petition was done in the 90's and we are just waiting for our PD to come up. So I will ask but in case we are not included, where should we go so we can get ourselves included in the case? The U.S. embassy?

For derivatives, yes.

Oh ok, thanks for replying. 'Cause each time I read some situation where the CSPA helped the children of the beneficiary of a green card petition, it always stated that they included the children to the petition at the time of filing it. So that's why I was wondering whether CSPA only applies to children who are mentioned in the petition or it applies to all children of a beneficiary.

Yes.

But I'm not talking about applying the CSPA to make a child's age freeze when an American citizen or naturalized green card holder petitions for the child. I'm talking about applying the CSPA to subtract the time that it took for a visa petition to be approved from the child's age when a visa number became available for the petitioned parent.

Just saying to make things clear.

What I mean is, let's say they petition a green card for a person and the only children that they add into this person's application are the ones that were alive by the time of filing. Later on this person had more kids. Those kids that were not alive yet by the time of filing the application and thus were not included into the application, can CSPA be applied to these children?