ALL F4's 2

[patelmotel 0]

I told u guys cspa is no longer

Wrong. That supreme court case was about Automatic conversion to appropriate category if a derivative child ages out (Note. After applying CSPA rule).

Example for F3/F4 category.

A derivative child is 25 Years old. CSPA age is 22 years. Now the child is not eligible to immigrate with parents as his CSPA age is over 21. Now child's petition is converted into an F2B category with SAME priority date as his parents. This automatic conversion rule has been reversed by the supreme court. But CSPA still applies!!!

[jolly786 96]

Wrong. That supreme court case was about Automatic conversion to appropriate category if a derivative child ages out (Note. After applying CSPA rule).

Example for F3/F4 category.

A derivative child is 25 Years old. CSPA age is 22 years. Now the child is not eligible to immigrate with parents as his CSPA age is over 21. Now child's petition is converted into an F2B category with SAME priority date as his parents. This automatic conversion rule has been reversed by the supreme court. But CSPA still applies!!!

agree with you.....but still have doubt.............we have to confirm from lawyer...i already send message to carls Susterman..lets see what he can reply???

[jolly786 96]

CSPA law is exits still for F4...............dont wry guys.............Be happy

http://www.avvo.com/legal-answers/has-cspa-been-abolished-for-f3---f4-categories-aft-1753389.html?published=true

www.avvo.com/legal-answers/new-decision-on-child-status-protection-act--cspa--1752031.html

[Dal120 4]

CSPA law is exits still for F4...............dont wry guys.............Be happy

http://www.avvo.com/legal-answers/has-cspa-been-abolished-for-f3---f4-categories-aft-1753389.html?published=true

www.avvo.com/legal-answers/new-decision-on-child-status-protection-act--cspa--1752031.html

Thank u very much.

[ShaunLin 1]

jolly, wht happened really, i have heard several version of the SCr.

Did the case affects the F3 F4 now?

[jolly786 96]

06/09/2014: U.S. Supreme Court Handed Out Today a Landmark Decision Narrowing Automatic Conversion and Retention of Priority Date for Certain Aged-Out Derivative Beneficiary

• This decision restricts CSPA eligible derivative beneficiary children who aged out only to the situation where the same "petitioner" becomes the petitioner for another classification of immigrant petition after aged out to take advantage of the automatic conversion to another petition and retention of earlier priority date as the derivative beneficiary. This often takes place when the petitioner naturalizes or derivative beneficiary marries, in which case the same petitioner can file another immigrant petition of different classification of immigrant preferences for the same beneficiary as the primary beneficiary and not derivative beneficiary. Accordingly, if a second petition is filed by the former principal beneficiary on behalf of the former derivative beneficiary, this beneficiary is not eligible for automatic conversion and retention of earlier priroty date which is provided in the CSPA. For the full decision, please click here.
• This landmark decision will result in reduction of visa waiting line for principal beneficiaries and narrowly redefined derivative beneficiaries by cutting out a large number of aged-out derivative beneficiaries from the line, but it will hurt family reunification between the parents and aging out children.

[ShaunLin 1]

06/09/2014: U.S. Supreme Court Handed Out Today a Landmark Decision Narrowing Automatic Conversion and Retention of Priority Date for Certain Aged-Out Derivative Beneficiary

• This decision restricts CSPA eligible derivative beneficiary children who aged out only to the situation where the same "petitioner" becomes the petitioner for another classification of immigrant petition after aged out to take advantage of the automatic conversion to another petition and retention of earlier priority date as the derivative beneficiary. This often takes place when the petitioner naturalizes or derivative beneficiary marries, in which case the same petitioner can file another immigrant petition of different classification of immigrant preferences for the same beneficiary as the primary beneficiary and not derivative beneficiary. Accordingly, if a second petition is filed by the former principal beneficiary on behalf of the former derivative beneficiary, this beneficiary is not eligible for automatic conversion and retention of earlier priroty date which is provided in the CSPA. For the full decision, please click here.
• This landmark decision will result in reduction of visa waiting line for principal beneficiaries and narrowly redefined derivative beneficiaries by cutting out a large number of aged-out derivative beneficiaries from the line, but it will hurt family reunification between the parents and aging out children.

does it means i'm done now?

OMG, 13years just past

[sirin 9]

does it means i'm done now?

OMG, 13years just past

• Jay Patel Can someone make it clear and put some light on it! if someones age after CSPA calculation comes below 21 will he be affected? or this law is just bad for those who dont come under 21 after CSPA calculation? does CSPA even exist? its all unsure and frustrating.. !
• 

  Jorge Mussacchio Jay if you do the calculation and you are younger than 21 when your parent reaches his or her priority date you are considered child and therefore you are allowed to obtain your green card as well. what scotus ruled is that in the case you do the calculation and you happend to be still older than 21 (even if you subtract the time the application was pending to the actual age you have when your parent reached her or his priority date) and the application you are part of is an F3 or F4 and not an F2A you cannot benefit from the third benefit the law offers for aged out children which is the opportunity to be able to auto convert the application in which you are part from f3 or f4 to f2b and also retain the priority date of your mother. Under the rule of SCOTUS the only way you are entitled to this benefit is if the main application is an f2a. IF you are a derivative of an F3 or F4 application you dont get this benefits. But as I said before if under the CSPA calculation you are found to be younger than 21 you still have the right to inmigrate with your parents. in my case for example i am the derivative of an F4 petitions (my USC unkle filled a petition for my mother) at the time the application filling took place I was 16 years old, it took 5 years for uscis to approve this petition and then another 6 to reach the priority date which is march 14 2001. ON 2012 my mother reached her priority date at that time I was 28 years old. Under the CSPA calculation I can only substract from that age (28) only the time the application was pending and not the whole time it took to my mother to reach her priority date so I can only substract 5 years which gives me an actual age of 23 still way over the 21 I need to be consider a child. If we would of won the case which we did not I was going to be able to retain my mothers priority on my new f2b application as if she would of had filled an application for me on march 2001 since F2b currents priority date is may 2007 I was going to be able to obtain my greencard., Now that we lost my f2b application has a priority date of dec 7 2012 which is the date my mother filled a new f2b for me. Sorry for the long post but I tried to be as clear as possible so people really gets to understand what is this all about. Now praying for CIR bill or some kind of amendment or a new bill that will include a CSPA clarification or something allowing people like me to inmigrate now instead of having to wait many more years
• 

  Jorge Mussacchio just to make it a little bit more clear if under cspa calculation you are under 21 it doesn´t matter if the main application is an f3 f4 f2a or whatever you still get the chance to inmigrate with your family. If the application is an F2a then you can, if not under 21 after doing the calculation, ask for priority date retention or auto conversion, benefits you dont get if your parents application is an f3 or f4.

[ShaunLin 1]

• Jay Patel Can someone make it clear and put some light on it! if someones age after CSPA calculation comes below 21 will he be affected? or this law is just bad for those who dont come under 21 after CSPA calculation? does CSPA even exist? its all unsure and frustrating.. !
• 

  Jorge Mussacchio Jay if you do the calculation and you are younger than 21 when your parent reaches his or her priority date you are considered child and therefore you are allowed to obtain your green card as well. what scotus ruled is that in the case you do the calculation and you happend to be still older than 21 (even if you subtract the time the application was pending to the actual age you have when your parent reached her or his priority date) and the application you are part of is an F3 or F4 and not an F2A you cannot benefit from the third benefit the law offers for aged out children which is the opportunity to be able to auto convert the application in which you are part from f3 or f4 to f2b and also retain the priority date of your mother. Under the rule of SCOTUS the only way you are entitled to this benefit is if the main application is an f2a. IF you are a derivative of an F3 or F4 application you dont get this benefits. But as I said before if under the CSPA calculation you are found to be younger than 21 you still have the right to inmigrate with your parents. in my case for example i am the derivative of an F4 petitions (my USC unkle filled a petition for my mother) at the time the application filling took place I was 16 years old, it took 5 years for uscis to approve this petition and then another 6 to reach the priority date which is march 14 2001. ON 2012 my mother reached her priority date at that time I was 28 years old. Under the CSPA calculation I can only substract from that age (28) only the time the application was pending and not the whole time it took to my mother to reach her priority date so I can only substract 5 years which gives me an actual age of 23 still way over the 21 I need to be consider a child. If we would of won the case which we did not I was going to be able to retain my mothers priority on my new f2b application as if she would of had filled an application for me on march 2001 since F2b currents priority date is may 2007 I was going to be able to obtain my greencard., Now that we lost my f2b application has a priority date of dec 7 2012 which is the date my mother filled a new f2b for me. Sorry for the long post but I tried to be as clear as possible so people really gets to understand what is this all about. Now praying for CIR bill or some kind of amendment or a new bill that will include a CSPA clarification or something allowing people like me to inmigrate now instead of having to wait many more years
• 

  Jorge Mussacchio just to make it a little bit more clear if under cspa calculation you are under 21 it doesn´t matter if the main application is an f3 f4 f2a or whatever you still get the chance to inmigrate with your family. If the application is an F2a then you can, if not under 21 after doing the calculation, ask for priority date retention or auto conversion, benefits you dont get if your parents application is an f3 or f4.

so every F4's child has no opportunity to go to US anymore.

DONE,.

[jayp2001 3]

• Jay Patel Can someone make it clear and put some light on it! if someones age after CSPA calculation comes below 21 will he be affected? or this law is just bad for those who dont come under 21 after CSPA calculation? does CSPA even exist? its all unsure and frustrating.. !
• 

  Jorge Mussacchio Jay if you do the calculation and you are younger than 21 when your parent reaches his or her priority date you are considered child and therefore you are allowed to obtain your green card as well. what scotus ruled is that in the case you do the calculation and you happend to be still older than 21 (even if you subtract the time the application was pending to the actual age you have when your parent reached her or his priority date) and the application you are part of is an F3 or F4 and not an F2A you cannot benefit from the third benefit the law offers for aged out children which is the opportunity to be able to auto convert the application in which you are part from f3 or f4 to f2b and also retain the priority date of your mother. Under the rule of SCOTUS the only way you are entitled to this benefit is if the main application is an f2a. IF you are a derivative of an F3 or F4 application you dont get this benefits. But as I said before if under the CSPA calculation you are found to be younger than 21 you still have the right to inmigrate with your parents. in my case for example i am the derivative of an F4 petitions (my USC unkle filled a petition for my mother) at the time the application filling took place I was 16 years old, it took 5 years for uscis to approve this petition and then another 6 to reach the priority date which is march 14 2001. ON 2012 my mother reached her priority date at that time I was 28 years old. Under the CSPA calculation I can only substract from that age (28) only the time the application was pending and not the whole time it took to my mother to reach her priority date so I can only substract 5 years which gives me an actual age of 23 still way over the 21 I need to be consider a child. If we would of won the case which we did not I was going to be able to retain my mothers priority on my new f2b application as if she would of had filled an application for me on march 2001 since F2b currents priority date is may 2007 I was going to be able to obtain my greencard., Now that we lost my f2b application has a priority date of dec 7 2012 which is the date my mother filled a new f2b for me. Sorry for the long post but I tried to be as clear as possible so people really gets to understand what is this all about. Now praying for CIR bill or some kind of amendment or a new bill that will include a CSPA clarification or something allowing people like me to inmigrate now instead of having to wait many more years
• 

  Jorge Mussacchio just to make it a little bit more clear if under cspa calculation you are under 21 it doesn´t matter if the main application is an f3 f4 f2a or whatever you still get the chance to inmigrate with your family. If the application is an F2a then you can, if not under 21 after doing the calculation, ask for priority date retention or auto conversion, benefits you dont get if your parents application is an f3 or f4.

Edited June 11, 2014 by jayp2001

[jolly786 96]

• Jay Patel Can someone make it clear and put some light on it! if someones age after CSPA calculation comes below 21 will he be affected? or this law is just bad for those who dont come under 21 after CSPA calculation? does CSPA even exist? its all unsure and frustrating.. !
• 

  Jorge Mussacchio Jay if you do the calculation and you are younger than 21 when your parent reaches his or her priority date you are considered child and therefore you are allowed to obtain your green card as well. what scotus ruled is that in the case you do the calculation and you happend to be still older than 21 (even if you subtract the time the application was pending to the actual age you have when your parent reached her or his priority date) and the application you are part of is an F3 or F4 and not an F2A you cannot benefit from the third benefit the law offers for aged out children which is the opportunity to be able to auto convert the application in which you are part from f3 or f4 to f2b and also retain the priority date of your mother. Under the rule of SCOTUS the only way you are entitled to this benefit is if the main application is an f2a. IF you are a derivative of an F3 or F4 application you dont get this benefits. But as I said before if under the CSPA calculation you are found to be younger than 21 you still have the right to inmigrate with your parents. in my case for example i am the derivative of an F4 petitions (my USC unkle filled a petition for my mother) at the time the application filling took place I was 16 years old, it took 5 years for uscis to approve this petition and then another 6 to reach the priority date which is march 14 2001. ON 2012 my mother reached her priority date at that time I was 28 years old. Under the CSPA calculation I can only substract from that age (28) only the time the application was pending and not the whole time it took to my mother to reach her priority date so I can only substract 5 years which gives me an actual age of 23 still way over the 21 I need to be consider a child. If we would of won the case which we did not I was going to be able to retain my mothers priority on my new f2b application as if she would of had filled an application for me on march 2001 since F2b currents priority date is may 2007 I was going to be able to obtain my greencard., Now that we lost my f2b application has a priority date of dec 7 2012 which is the date my mother filled a new f2b for me. Sorry for the long post but I tried to be as clear as possible so people really gets to understand what is this all about. Now praying for CIR bill or some kind of amendment or a new bill that will include a CSPA clarification or something allowing people like me to inmigrate now instead of having to wait many more years
• 

  Jorge Mussacchio just to make it a little bit more clear if under cspa calculation you are under 21 it doesn´t matter if the main application is an f3 f4 f2a or whatever you still get the chance to inmigrate with your family. If the application is an F2a then you can, if not under 21 after doing the calculation, ask for priority date retention or auto conversion, benefits you dont get if your parents application is an f3 or f4.

very good analysis............

[zzxgz 4]

Dear friends, I'm a new member of this forum. My name is Rio and I'm from Mainland China.

I'm desperate and frustrated after the news about aged-out children as I maybe (or already am) one of them.

Can anyone kindly tell me if I can still go to USA with my parents?

My situation: F4 category, PD: 2002.10.22 , my father is the main beneficiary.

and I'm now 22 years old.

Can anybody tell me? Thank you very much.

[sirin 9]

Dear friends, I'm a new member of this forum. My name is Rio and I'm from Mainland China.

I'm desperate and frustrated after the news about aged-out children as I maybe (or already am) one of them.

Can anyone kindly tell me if I can still go to USA with my parents?

My situation: F4 category, PD: 2002.10.22 , my father is the main beneficiary.

and I'm now 22 years old.

Can anybody tell me? Thank you very much.

DON'T WORRY... YOUR CSPA AGE WILL BE 16 WHEN PD CURRENT...23-7=16(if

it takes 7 years for NOA2)

[ShaunLin 1]

DON'T WORRY... YOUR CSPA AGE WILL BE 16 WHEN PD CURRENT...23-7=16(if

it takes 7 years for NOA2)

Does CSPA still work for F4?

How can we be so sure about that dude :-(

[sirin 9]

Does CSPA still work for F4?

How can we be so sure about that dude :-(

YES.. CSPA still work for F4 if under CSPA calculation you are under 21 it doesn´t matter if the main application is an F3 F4 F2a or whatever you still get the chance to immigrate with your family.

AUGUST 6 2002 GEORGE BUSH SIGNED INTO LAW