jnxtreme wrote:
> Section 3 of the CSPA said that:
Where can I read about this CSPA thing?
> (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.
Did you lose your old PD?
>I want to know if I can file the I-485 right away.
I-485 can be filed only when the PD becomes current. What is your PD?
>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?
What do you think is the menaing of RETENTION OF PRIORITY DATE? What do
you think it means by "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".
One thing: One cannot file I-485 just with I-130 approval ntoice. The
PD must be current for the category tyoe for that person.
You parent filed I-130 for you because of category change due to your
age. You should use the old PD date to determien your elgibility to
file I-485, i.e use the same PD date your parents used but with the new
category you are in. See Visa Bulletin at http://www.travle.state.gov.
Get a lawyer or you will miss out on your chance of the benefit of the
old PD.
>Please let me know. Thanks very much.
I am not a lawyer, not a law student, not employed by the immigration.
I just read what you posted about RETENTION RULES and am making
conclusion and suggestion.
One thing: One cannot file I-485 just with I-130 approval ntoice. The
PD must be current for the category type for that person.
Remember that yours is family-based peititon; diferent from scatty.
You can email me privately but inform me here if you do as I usually do
not check email.
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