Section 3 of the CSPA said that:
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined
under paragraph (1) to be 21 years of age or older for the purposes of
subsections (a)(4) and (d), the alien's petition shall automatically be
converted to the appropriate category and the alien shall retain the
original priority date issued upon receipt of the original petition.
and they also said in the CSPA memorandum:
It is important to remember that section 3 of the CSPA requires that
the beneficiary apply for adjustment of status or for an immigrant visa
within one year of the date the priority date became available. Thus,
if a Form I-130 was filed on behalf of the child of an LPR, the
priority date became available 3 years ago when the beneficiary was
still under 21, but that beneficiary did not apply for adjustment of
status within one year of the priority date becoming available and has
since turned 21, the provisions of the CSPA will not apply to this
beneficiary.
I think that you must file the I-130 asap, so that you will not lose
the benefit.
My case is that my age on the CSPA formula is over 21. They said that
the petition will be automatically be converted to the appropriate
category and retain the original priority date but it was not automatic
so my parents filed the I-130 for me. I want to know if I can file the
I-485 right away. Do you guys have any idea? They said that you can
file I-485 if there is an approved petition for you, are they going to
consider the previous petition or do I have to wait for the approval of
the I-130? Please let me know. Thanks very much.
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