Export of Dhaka

** VisaJourney forums... I have helped a lot of people here with precise and clear advice and explanations. But as long as there are morons who despite taking advantage and exploiting what USA has to offer, talk ####### about this country, and those who brings up religion in every possible discussions, I am outta here.

hey look at this stupid person(a narrow minded fellow) aiming a country. I dont understand what's ur problem and what are u understanding ? Is banladesh a rich country? dont forget u begger. u r in the usa that is our secularism otherwise people like u and ur country would not be allowed in the usa and remember one day u will be driven out from my country,usa,uk and entire europe..u stupid islamic maniac...one day u and ur religion will not found any followers...write this sentence in the note book and check after 100 years if alive...

Get a brain, MORON!!

marshel, please ignore that ignorant SOB. he's hopeless.

Hey, remember, how I was not worth your time? Why the hell are you still talking about me?

Btw, what is worth your time? Given that you are from China, may be 5 cents/hour would get your attention, right?

Welcome brother! Your case is interesting to me. I think Your PD became current only in September 2010 and case is completed in October 2010. You are quick to submit your papers. You almost made the interview before the retrogression. My daughter too has completed case in October 2010 but her PD is December 2008. I guess you are one of the reason why there was retrogression, hehehe, just kiddin you, brother!

Sirach - if you find that case interesting (because case was completed while PD was current), listen to my story then: my brother actually had his interview done also, but didn't get visa due to retrogression. His PD was in 09/2009 (F2A), which became current in Sept. 2010. NVC expedited the case directly to US Embassy (I didn't have to do anything). He applied for IV in October 2010, and in Nov 2010, US Embassy scheduled interview date in the first week of January 2011 (just a few days after retrogression kicked in). They told him he would have to wait until his PD becomes current to get his visa.

The only good thing that came out of this is that he applied for his IV (filed DS-230) while he was under 21, so his age stays frozen and he will be in F2A even if he is 21+.

lol....u stupid person..change the flag then...

Hey MORON... it's a Bangladesh flag because my relative who has been petitioned is from Bangladesh. The flag on your profile next to your post doesn't show which country you are from, it shows the country of the NON-US relative. Get that you idiot?

My country is the United States of America. When I took oath to become a USC, I renounced all ties to any other nation.

I am NOT one of those blood-sucking foreigners with a US certificate of citizenship who never adopts the culture and the values that make America great, instead use the American immigration system just to exploit and make money (and bad mouths them whenever possible).

Anyway, the thread is not about me - but my post was just a reminder to NOT bite the hand that feeds you.

Everyone is entitled to voice their own opinion, so I think USCIS immigration policy is unfair for LPR. That is nothing of your business and you insult my country and me for that?

It shows your what kinda of person you are, and to that I'm sorry for you and your spouse.

Normally I'd get mad over this, but you are one of those people that's not worth my time.

Says the person who wishes "one day they would all experience the pain we're going through!"... What a saint you are!

And yes, it is my business if you post it in a public forum. HOW DARE YOU WISH PAIN AND SUFFERING ON MEN AND WOMEN OF MY COUNTRY, THE COUNTRY THAT TREATS YOU BETTER THAN YOUR OWN COUNTRY EVER DID!!! Don't want comments, keep your ###### to yourself.

OP, you can forget about the visitor visa idea for your in laws, it's not going to happen.. you can have her try 100 times, the outcome will be the same.

Fellow VJ's any idea when Sept 28,2010 priority date for F2A will be current.

Please i want to know.A little background abt me is i'm in F1 status and will be done will sch in August 2013.

I realised the august 2011 visa bulletin is @ July 22,2008.I dont know if i have to go for consular processing or adjustment of status.Please advice me.

If you stay in status when your PD becomes current, you can adjust status while in US. If there are no major changes, your PD should become current by the time you are done with school.

OP, how are you still in status? What is the basis of your EAD application?

OP, once again, what is the basis of your EAD application? If you don't have any legitimate basis, all you are doing is letting USCIS know that you are out of status.

I think he did. The case was completed on March 2011 ( did I get it right, Armani81?}. Although he was overtaken by the retrogression it is not his fault provided he just follows the rule of the 1 year prescription to sought a visa. That's why I said he needs a lawyer's advice for this.

Actually he didn't apply for IV since his case wasn't even complete until the priority dates retrogressed. So, for him it doesn't even matter that his PD became current once before. It doesn't matter if it is his fault or someone else's fault that he couldn't apply for IV.

Unless his I-130 was pending for a looong time, he won't benefit from CSPA.

Armani81, Wait a minute: re ur brother's case is interesting because in the CSPA law his age is frozen when his priority date becomes current and then subtract the period of approval of the I-130. I think his pD became current last year. This is where you need a lawyer to advice you.

Good point - but just freezing the age really doesn't mean anything - the beneficiary has to apply for IV (file DS-230) within one year of PD becoming current. Now, in retrogression situation, he would be all set if he had applied within one year of his PD becoming current the first time - which he didn't - so it really doesn't matter that his PD became current once before.

OP, how are you still in status? What is the basis of your EAD application?

Green card holders CANNOT apply for parents.

Yes my I-94 does say D/S and my visa is valid for another year, however my F-1 has expired and I filed for I-130 right after my graduation.

You are okay as of right now but you are at a great danger of being caught and cause further delay in getting the GC. If you get caught and put in removal proceedings, you won't be able to get a relief from deportation since your spouse is not a USC.

Even if you stay under the radar and file 485 once your PD is current, USCIS can still put you in removal proceedings before they adjudicate your AOS.

You are correct, but there's a good chance USCIS already knows about her status. An I-130 was filed on her behalf. I can recall at least two other cases where this has happened. The I-130 triggered a routine check of the beneficiary's immigration status, they determined the beneficiary was no longer enrolled in school, and they began to accrue unlawful presence.

This means nothing. USCIS must issue an NTA charging the alien with violation. Just "knowing" means nothing.

Edit: Also, I am not saying OP will be okay to file 485 once her PD becomes current. All I am saying is that at this point she has not accrued even one day worth of unlawful presence.

I am sorry but you guys are ALL WRONG. Some non-immigrants entering the US with a "D/S" on their I-94, which is the case for F-1 visa holders, DO NOT automatically start "unlawful presence" from the date they become out of status. An out-of-status student starts accruing "unlawful presence" ONLY after USCIS or an Immigration judge OFFICIALLY determines that he/she is out of status, and the accrual of unlawful presence starts ON the day it is determined.

Out of status IS NOT the same as unlawful presence for some classes of non-immigrants.

Miami... Big congrats for you desi bhai...

Miami, what's new man? Did you get an interview date?

U mean petitioner right? The one who filed the case???

No, it's the beneficiary. Once the case is received at nvc, all communications are done with the beneficiary, or an agent of beneficiary.

^^^^

Wishful thinking but I highly doubt it :(

CSPA is not our thing that is why I pasted here an explanation of a noted Immigration Lawyer, Michael Gurfinkel, who also writes a column in the Philippine Star where I copied this. Hope everyone who has interest will be enlightened.

"The Child Status Protection Act (CSPA) can be very complex and confusing with its mathematical computations, and various steps and requirements, depending on whether the petition is by a U.S. citizen parent, or through other family or employment-based petitions.

For petitions by U.S. citizen parents, it is relatively straightforward: the child needs to be petitioned before the child’s 21st birthday. Then, the child’s age is “locked in” as a minor.

For all the other family and employment-based petitions, it is more complicated, and involves a two step process:

Step 1: Calculate the child’s age. This is done by determining how long it took USCIS to approve the petition. You take the date the petition was filed and the date the petition was approved. Was it one month? One year, Two years? Next, you wait for the priority date to become current. Once the priority date is current, you determine how old your child is on that date. You then subtract from the child’s age, the length of time it took USCIS to approve the petition. So, let’s say at the time the priority date is current, the child is 21 years and 8 months old. However, it took USCIS 9 months to approve the petition. So, if you subtract 9 months from the kid’s age, the kid will be under 21. However, if it took USCIS one month to approve the petition, the kid will be over 21 (in which case there is no need for step 2).

Step 2: The qualifying child must “seek to acquire” his or her visa within one year of visa availability. This is the tricky or confusing part. The one year deadline starts from the date the priority date becomes current, not one year from the time the parent adjusts status. Many people get confused on this point, and when the priority date becomes current, they file adjustment of status for themselves in the U.S., but wait to file the Form I-824 until after they get their green card. But, if it takes more than one year to adjust status, then more than one year would have passed from the time the visa was “available”. In that case, the child would have missed out on complying with this one-year “sought to acquire” requirement."

That's exactly what I said in my posts about CSPA in this thread.

NOT NECESSARILY! and i even want to say NO!

file for the "child status protection act" where there is a calculation that the child's age when the petition was filed will stay the same till your case will be completed... check on that here at VJ and youll see that its a NO!

You are incorrect. CSPA doesn't freeze the "child's age when the petition was filed". You need to understand CSPA before you start giving out advice.

Also, -mitch-, care to explain how to "file for the CSPA"? If a beneficiary of an LPR can benefit from CSPA, the CSPA age is frozen ON THE DATE PD BECOMES CURRENT, and the beneficiary has 1 year from that date to apply for visa.

The answer should then always be the age of the child when the petition was filed - do I understand your answer correctly?

Ok, I think I figured out where you went wrong. You are confusing "the time I-130 is pending" and "time before PD becomes current". I-130 can be pending only for a very short time compared to the wait for the PD to become current. I-130 is just the first step - it's does nothing but establishes the relationship between the petitioner and the beneficiary officially . I-130 can be approved years before PD is expected to become current.

Unfortunately, under CSPA you only get to subtract the time I-130 was pending - NOT the wait time before PD becomes current. So, in your case the best thing to do is to apply for her ASAP, and pray that USCIS does not approve the petition until the PD is or expected to become current in a short time - this way you can subtract the maximum time to reduce her CSPA age.

The answer should then always be the age of the child when the petition was filed - do I understand your answer correctly?

No, you didn't understand what I said.

I said, on the day PD BECOMES CURRENT - it is not the same as PD. In the F2A category, as of June 1, 2011, only the petitions filed BEFORE Aug 22, 2007 have a PD (priority date) that is current.

For example (mind it, it's an example),

1. You file I-130 for your daughter within the next few days and it is assigned a priority date of June 5, 2011.

2. USCIS takes 5 months before approving the I-130 and sending it to NVC

3. Your daughter's PD (June 5, 2011) becomes current on October 1, 2014

To calculate your daughter's CSPA age, you find her exact age ON October 1, 2014 (the day her PD becomes current), subtract 5 months from this age (time I-130 was pending before approval). If the resulting age is less than 21, she can apply for a visa under F2A, otherwise she would have to wait for her PD to become current under F2B (more wait).