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ShaunLin

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    ALL F4's 2

    in Bringing Family Members of US Citizens to America

    Posted

    Has CSPA been abolished for F3 & F4 categories after the Supreme court opinion in the Scialabba (Mayorkas) vs Osorio case?
    1. 322277_1371682541.jpg
      Daniel HanlonPro
      Immigration Attorney - Pasadena, CA
      Contributor Level 20

      Answered

      about 21 hours ago. No, CSPA has not been abolished. The Supreme Court, however, sided with the BIA's interpretation of Matter of Wang regarding Section 203(h)(3).

    but...the point is that the CSPA still exists, but whether the F3& F4's child can benefit from it.

    CSPA/ child not mentioned on petition question (merged)

    in Bringing Family Members of US Citizens to America

    Posted

    I am a little confused how you can not have been born at the time the petition was filed, but aged out now? There are no petitions with a wait time of longer than 21 years at this time. When exactly did the sibling get NOA1? Has the petition been approved?

    Were you added to the petition at any time? USCIS recognises that unborn kids obviously cannot be listed in a petition, but thye are supposed to be added asap/ next time paperwork is sent in.

    exactly, first wht u said does not make sense.....

    ALL F4's 2

    in Bringing Family Members of US Citizens to America

    Posted

    The US Supreme Court ruled that derivative beneficiaries in the F3 and F4 categories can not benefit from automatic conversions and retention of their parents' PDs. Only the children who aged out in the F2a category can take advantage of automatic conversions and retention of their parents' PDs without a new I-130 because the petitioner could have filed separately for the spouse and child. These aged out deriivative beneficiaries automatically convert to F2b cases without the need for a separate I-130.

    The section of CSPA that allows for the deduction of time it takes USCIS to approve the I-130 is still deductible for CSPA purposes for all beneficiaries and derivative beneficiaries. So, F3 or F4 dericative beneficiaries who are over 21 can still take advantage of this provision of CSPA.

    All these words came from a document or published in website maybe somewhere else?

    Or it's your opinion about the SCr.

    ALL F4's 2

    in Bringing Family Members of US Citizens to America

    Posted

    YES.. CSPA still work for F4 if under CSPA calculation you are under 21 it doesn´t matter if the main application is an F3 F4 F2a or whatever you still get the chance to immigrate with your family.

    AUGUST 6 2002 GEORGE BUSH SIGNED INTO LAW

    but some one said above there, we are no longer covered by CSPA...can we trust him?

    ATTENTION!!From now on, CSPA could not help Child in F3 F4

    in Bringing Family Members of US Citizens to America

    Posted

    Where are you getting that SCOTUS wanted to narrow the range of CSPA?

    You need to be careful and correctly characterize things.

    Under the Chevron doctrine (from another SCOTUS case), deference is giving to the government agency's reasonable interpretation of the law. Here, SCOTUS gave deference to the agency's interpretation of automatic conversions and PD retentions.

    Under the US Constitution, SCOTUS has the final say on the interpretation of US laws.

    came from the "ALL F4 2"'s final page....some guy says that

    _____________________________

    Jorge Mussacchio just to make it a little bit more clear if under cspa calculation you are under 21 it doesn´t matter if the main application is an f3 f4 f2a or whatever you still get the chance to inmigrate with your family. If the application is an F2a then you can, if not under 21 after doing the calculation, ask for priority date retention or auto conversion, benefits you dont get if your parents application is an f3 or f4.

    ATTENTION!!From now on, CSPA could not help Child in F3 F4

    in Bringing Family Members of US Citizens to America

    Posted

    Automatic means nothing has to be done. Ergo, why a new I-130 is not needed when the dericative beneficiary ages out into the F2b category.

    Sorry that you don't know about the age restrictions and aging in out from F2a to F2b. It's a pretty basic concept.

    I can't help you in a short message with a full understanding of CSPA. Google and read. This is not an easy law to fully comprehend. Even SCOTUS couldn't agree in a 5-4 decision without a majority opinion but rather a plurality of opinions that reaches the same conclusions but for different reasons. This is also why the decision was 65 pages long (which is way longer than other decisions). Furthermore, the case only death with one aspect of CSPA. There are many parts to CSPA.

    sorry for that, I regard f2a as a spouse thing only, forgot that still has child below 21 years old.

    u r so nice! thx for the answer, but can it be possible that the cspa still worked for the F3 F4 child in this way, i have heard some bad air between CSPA, SC want to narrow the range of CSPA. Does SC have the right to do that just by themselves?

    what u have written really do me a good favor! THANKS!

    ATTENTION!!From now on, CSPA could not help Child in F3 F4

    in Bringing Family Members of US Citizens to America

    Posted

    Hi,

    You are misinterpreting the ruling.

    The US Supreme Court ruled that derivative beneficiaries in the F3 and F4 categories can not benefit from automatic conversions and retention of their parents' PDs. Only the children who aged out in the F2a category can take advantage of automatic conversions and retention of their parents' PDs without a new I-130 because the petitioner could have filed separately for the spouse and child. These aged out deriivative beneficiaries automatically convert to F2b cases without the need for a separate I-130.

    The section of CSPA that allows for the deduction of time it takes USCIS to approve the I-130 is still deductible for CSPA purposes for all beneficiaries and derivative beneficiaries. So, F3 or F4 dericative beneficiaries who are over 21 can still take advantage of this provision of CSPA.

    what does "automatic conversions" means wht? I have never heard that f2a and f2b have a age strict or some limit like u said which makes them need CSPA to cover them.

    PLZ help me...THX a lot

    ALL F4's 2

    in Bringing Family Members of US Citizens to America

    Posted

    • Jay Patel Can someone make it clear and put some light on it! if someones age after CSPA calculation comes below 21 will he be affected? or this law is just bad for those who dont come under 21 after CSPA calculation? does CSPA even exist? its all unsure and frustrating.. !
    • 1544528_10202320840075259_317788017_n.jp
      Jorge Mussacchio Jay if you do the calculation and you are younger than 21 when your parent reaches his or her priority date you are considered child and therefore you are allowed to obtain your green card as well. what scotus ruled is that in the case you do the calculation and you happend to be still older than 21 (even if you subtract the time the application was pending to the actual age you have when your parent reached her or his priority date) and the application you are part of is an F3 or F4 and not an F2A you cannot benefit from the third benefit the law offers for aged out children which is the opportunity to be able to auto convert the application in which you are part from f3 or f4 to f2b and also retain the priority date of your mother. Under the rule of SCOTUS the only way you are entitled to this benefit is if the main application is an f2a. IF you are a derivative of an F3 or F4 application you dont get this benefits. But as I said before if under the CSPA calculation you are found to be younger than 21 you still have the right to inmigrate with your parents. in my case for example i am the derivative of an F4 petitions (my USC unkle filled a petition for my mother) at the time the application filling took place I was 16 years old, it took 5 years for uscis to approve this petition and then another 6 to reach the priority date which is march 14 2001. ON 2012 my mother reached her priority date at that time I was 28 years old. Under the CSPA calculation I can only substract from that age (28) only the time the application was pending and not the whole time it took to my mother to reach her priority date so I can only substract 5 years which gives me an actual age of 23 still way over the 21 I need to be consider a child. If we would of won the case which we did not I was going to be able to retain my mothers priority on my new f2b application as if she would of had filled an application for me on march 2001 since F2b currents priority date is may 2007 I was going to be able to obtain my greencard., Now that we lost my f2b application has a priority date of dec 7 2012 which is the date my mother filled a new f2b for me. Sorry for the long post but I tried to be as clear as possible so people really gets to understand what is this all about. Now praying for CIR bill or some kind of amendment or a new bill that will include a CSPA clarification or something allowing people like me to inmigrate now instead of having to wait many more years
    • 1544528_10202320840075259_317788017_n.jp
      Jorge Mussacchio just to make it a little bit more clear if under cspa calculation you are under 21 it doesn´t matter if the main application is an f3 f4 f2a or whatever you still get the chance to inmigrate with your family. If the application is an F2a then you can, if not under 21 after doing the calculation, ask for priority date retention or auto conversion, benefits you dont get if your parents application is an f3 or f4.

    so every F4's child has no opportunity to go to US anymore.

    DONE,.

    ALL F4's 2

    in Bringing Family Members of US Citizens to America

    Posted

    06/09/2014: U.S. Supreme Court Handed Out Today a Landmark Decision Narrowing Automatic Conversion and Retention of Priority Date for Certain Aged-Out Derivative Beneficiary

    • This decision restricts CSPA eligible derivative beneficiary children who aged out only to the situation where the same "petitioner" becomes the petitioner for another classification of immigrant petition after aged out to take advantage of the automatic conversion to another petition and retention of earlier priority date as the derivative beneficiary. This often takes place when the petitioner naturalizes or derivative beneficiary marries, in which case the same petitioner can file another immigrant petition of different classification of immigrant preferences for the same beneficiary as the primary beneficiary and not derivative beneficiary. Accordingly, if a second petition is filed by the former principal beneficiary on behalf of the former derivative beneficiary, this beneficiary is not eligible for automatic conversion and retention of earlier priroty date which is provided in the CSPA. For the full decision, please click here.
    • This landmark decision will result in reduction of visa waiting line for principal beneficiaries and narrowly redefined derivative beneficiaries by cutting out a large number of aged-out derivative beneficiaries from the line, but it will hurt family reunification between the parents and aging out children.

    does it means i'm done now?

    OMG, 13years just past

    Is CSPA still worked or not????!!!EMERGENCY!!!

    in Bringing Family Members of US Citizens to America

    Posted

    Nothing changed for CSPA. It works as it previously was.

    but i have read from a lawyer's blog says that CSPA is no longer covering the child who is aged out( 21 years old).

    i have to say that after several years waiting, when i thought i gonna......everything just gone when court ......

    SO PISSED ..

    kzielu, thx anyway, i will see wht's really going on....

    hope that someone will find out the result for us,

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