What should we do if the Child Aging Out?

[kor 0]

Hi,

My uncle applied for my mom for US green card, please look at the following date:

Apply Date: 11-02-1999

Approved Date: 06-06-2005

DOB: 28-04-1983

The result is 21 years and 3 months according to calculator.

However, I have read that :

"Section 3 of CSPA amends section 203(h)(3), INA as follows:

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)(2)(A)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. [ Reference: http://shusterman.com/newsletterusimmigrationapril2007.html#7]"

I also read that:

"The clear and unmistakable import of the BIA decision is that where an alien child is a derivative beneficiary under a principal beneficiary of any preference petition, and is determined to be 21 years of age or older and has therefore become ineligible for the benefit of § 203(h)(1), he or she may nonetheless be eligible for retaining the earlier priority date of the original petition that enabled the original principal beneficiary become a lawful permanent resident.

The principal beneficiary may then file a relative petition for the derivative beneficiary who would then fall under the second preference category as an unmarried son or daughter of the principal beneficiary.

[Ref: The Child Status Protection Act, Section 3 [iNA § 203(h)] - An Update Regarding Retention Of Priority Date Provisionby Pravinchandra J. Patel

http://www.ilw.com/articles/2006,1005-patel.shtm

Do you think that I am eligible to apply under F-2B category and use the priority date of the original petition, which in my case belonges to my mom.

Thank you for your support.

Edited September 16, 2010 by kor

[aleful 1,905]

Hi,

My uncle applied for my mom for US green card, please look at the following date:

Apply Date: 11-02-1999

Approved Date: 06-06-2005

DOB: 28-04-1983

The result is 21 years and 3 months according to calculator.

However, I have read that :

"Section 3 of CSPA amends section 203(h)(3), INA as follows:

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)(2)(A)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. [ Reference: http://shusterman.com/newsletterusimmigrationapril2007.html#7]"

I also read that:

"The clear and unmistakable import of the BIA decision is that where an alien child is a derivative beneficiary under a principal beneficiary of any preference petition, and is determined to be 21 years of age or older and has therefore become ineligible for the benefit of § 203(h)(1), he or she may nonetheless be eligible for retaining the earlier priority date of the original petition that enabled the original principal beneficiary become a lawful permanent resident.

The principal beneficiary may then file a relative petition for the derivative beneficiary who would then fall under the second preference category as an unmarried son or daughter of the principal beneficiary.

[Ref: The Child Status Protection Act, Section 3 [iNA § 203(h)] - An Update Regarding Retention Of Priority Date Provisionby Pravinchandra J. Patel

http://www.ilw.com/articles/2006,1005-patel.shtm

Do you think that I am eligible to apply under F-2B category and use the priority date of the original petition, which in my case belonges to my mom.

Thank you for your support.

the retention of a priority date doesn't apply in your case when it comes to a new petiton.

that's a case if you were petitioned by a LPR parent and you were in category 2 A and because you turned 21, you changed to category 2B you keep your priority date, but the petitioner is the same. by aging out you just changed category.

in this case your parents will become LPR by your uncle and the petition ends there. once they become LPR, then they will file a new petition with a nnew priority date, as long as you are unmarried, that is, if you don't qualify to receive a GC through your uncle.

what country are you from?

Edited September 16, 2010 by aleful