CSPA if not applied

[Ash2014 0]

Hi there,

I know this topic has already been discussed in another thread and I have read through the info given by all.

I have a question: My brother does not fall into CSPA (as per the online calculator). Is there any other way to get my him on the case with my parents.

My parents just got their immigrant visa in April 2013. Their priority date is April 30, 2001. Can i request the local embassy to do the CSPA review???

Is there any attorney or lawyer who can help us with this??? he is the only child left out...please advise...I need help,

Thanks

[aaron2020 11,651]

Under current US immigration rules, there is nothing that can be done.

The US Embassy will not waste time reviewing CSPA for your brother since you already done the calculations and he does not qualify.

There is a lawsuit pending in the US Supreme Court about retaining Priority Date. The case came from the 9th Circuit which says yes to retaining PD. That decision is on hold until the US Sup. Ct. decides. The 9th is the most overturned court and the Sup. Ct. may defer to the US government's position of no retention of PD.

If the Sup. Ct. uphold's the 9th Cir, then your brother has a chance.

If the Sup Ct. overturns the 9th Cir, then your brother cannot retain your parent's PD.

This is from the lawyer for those suing to retain PD. You may want to contact them to see if your brother needs to do something if the Sup Ct. Decision is favorable to him.http://shusterman.com/newsletterusimmigrationfebruary2013.html

[Ash2014 0]

Under current US immigration rules, there is nothing that can be done.

The US Embassy will not waste time reviewing CSPA for your brother since you already done the calculations and he does not qualify.

There is a lawsuit pending in the US Supreme Court about retaining Priority Date. The case came from the 9th Circuit which says yes to retaining PD. That decision is on hold until the US Sup. Ct. decides. The 9th is the most overturned court and the Sup. Ct. may defer to the US government's position of no retention of PD.

If the Sup. Ct. uphold's the 9th Cir, then your brother has a chance.

If the Sup Ct. overturns the 9th Cir, then your brother cannot retain your parent's PD.

This is from the lawyer for those suing to retain PD. You may want to contact them to see if your brother needs to do something if the Sup Ct. Decision is favorable to him.http://shusterman.com/newsletterusimmigrationfebruary2013.html

Hi there,

Thanks so much for the info, this is great. One more advise needed:

I had send an email to the local embassy to see if there is any possibility for my brother for CSPA. They replied that they will call him to their office for CSPA review. Do you think he should go??? the online calculator says he is not eligible....are there any exceptions in these cases???

Please advise.

[aaron2020 11,651]

There are no exceptions.