is CSPA can be APPLIED TO US?

[aleful 1,905]

I think you don't seem to understand, even if the NVC is sending out the paperwork early, you still have to wait until the priority date becomes current. sometimes immigration send the paperwork up to 2 years earlier, and then when you see your date on the bulletin, that means there is a visa available and you will have your interview.

instead of waiting until your priority date is current, then begin to file all this paperwork, then have the interview, they do it earlier.

if you check the bulletin I put, immigration is currently working with those who's priority date is Dec 22nd, 2002, for category F2B. Since this Is the forum for citizens filing petitions, I assumed that your grandfather was a US Citizen. F2B is for residents filing for unmarried children.

so you still have more than 2 years of waiting if your priority date is in 2005.

[ivanvash02 0]

thanks aleful for clearing that one up i thought we need to rush everything out

[Jay2Pnoy 3]

Where is your mother? Is she in Manila? Is your sister married?

If you are qualified under the statutes of the Child Status Protection Act you can try and invoke that law in the Consular processing. At this time, CSPA is still under review before the Supreme Court, the government contested the 9th Circuit Court of Appeals intrepretation En Banc, the Class Action.

Worse case scenario, Consulate will not allow you to retain your derivative status of your mother's petition as you aged out, because they already deemed you ineligible in the first place, I am sure your name isn't even listed on the correspondence from NVC.

If you are single, never married in the Philippines you should be able to be included on or after your mother's visa approval by filing another petition or I-130 on your behalf with a request to AUTOMATICALLY CONVERT the petition and RETAIN the ORIGINAL priority date upon receipt of the original petition that was filed on your mother's behalf by your grandparent. Apparently there is no current guideline or cable on the correct and reasonable interpretation of Section 203 (h)(3) of the Act with respect to the new ruling by the 9th Circuit Court of Appeals. I know this for a fact as I fought for my own rights in accordance with the law of course with the help of an attorney -- 5 yrs ago.

[Jay2Pnoy 3]

Irrespective of the date of when the visa will become current, you and your sister should still be able to be included in her petition. I tell you, my sister was 27, I was 25 when we were approved under Section 3 of the Child Status Protection Act of 2001. My cousins were 24, 25, 28 years old, they too were able to retain their parent's original priority date by virtue of Section 3 of the Act. There are ways to go about this, but rather very complicated. You need an attorney who is experienced in this statute, this can turn out ugly. I was in the US under a different visa, attempted to adjust our status to that of permanent residents being derivatives of our parents' petition but we were denied, we then appealed to the Commissioner invoking the error by adjudicator, to the Administrative Appeals Office in Washington, DC. Then the Administrative Appeals Unit in Chicago District Office of USCIS took over the documents, and then the case was sent for reconsideration, the USCIS moved the case to be reopened altogether, requested another interview and another set of biometrics, but we didn't even have to go through all of that, we were approved blindly.So, all of us, my sister and 3 cousins, all of whom over the age of 21 even after the calculation set forth in Section 3 (h)(1) and (h)(2) of the Act, in addition to the leeway of 45 days set forth in the Patiot Act.

I am not so familiar with the Consular processing, although I helped my other cousin who also turned over the age of 21, processed her permanent resident status through the Embassy of the United States in Manila. We hired a lawyer based in Manila at that time, a very well known and respected in the immigration law in Manila. Let me know if you have any further questions. I might be able to help you.