ALL F4's 2

[zzxgz 4]

 

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

it takes 7 years for NOA2)

 

Dear Sirin, thank you for your reply. So cspa still work for F4 please?

And can you please tell me how can you be so sure?

Thank you very much.

[ShaunLin 1]

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

but some one said above there, we are no longer covered by CSPA...can we trust him?

[sirin 9]

   

Dear Sirin, thank you for your reply. So cspa still work for F4 please?

And can you please tell me how can you be so sure?

Thank you very much.

The US Supreme Court ruled that derivative beneficiaries in the F3 and F4 categories can not benefit from automatic conversions and retention of their parents' PDs. Only the children who aged out in the F2a category can take advantage of automatic conversions and retention of their parents' PDs without a new I-130 because the petitioner could have filed separately for the spouse and child. These aged out deriivative beneficiaries automatically convert to F2b cases without the need for a separate I-130.

The section of CSPA that allows for the deduction of time it takes USCIS to approve the I-130 is still deductible for CSPA purposes for all beneficiaries and derivative beneficiaries. So, F3 or F4 dericative beneficiaries who are over 21 can still take advantage of this provision of CSPA.

[ShaunLin 1]

The US Supreme Court ruled that derivative beneficiaries in the F3 and F4 categories can not benefit from automatic conversions and retention of their parents' PDs. Only the children who aged out in the F2a category can take advantage of automatic conversions and retention of their parents' PDs without a new I-130 because the petitioner could have filed separately for the spouse and child. These aged out deriivative beneficiaries automatically convert to F2b cases without the need for a separate I-130.

The section of CSPA that allows for the deduction of time it takes USCIS to approve the I-130 is still deductible for CSPA purposes for all beneficiaries and derivative beneficiaries. So, F3 or F4 dericative beneficiaries who are over 21 can still take advantage of this provision of CSPA.

All these words came from a document or published in website maybe somewhere else?

Or it's your opinion about the SCr.

[zzxgz 4]

The US Supreme Court ruled that derivative beneficiaries in the F3 and F4 categories can not benefit from automatic conversions and retention of their parents' PDs. Only the children who aged out in the F2a category can take advantage of automatic conversions and retention of their parents' PDs without a new I-130 because the petitioner could have filed separately for the spouse and child. These aged out deriivative beneficiaries automatically convert to F2b cases without the need for a separate I-130.

The section of CSPA that allows for the deduction of time it takes USCIS to approve the I-130 is still deductible for CSPA purposes for all beneficiaries and derivative beneficiaries. So, F3 or F4 dericative beneficiaries who are over 21 can still take advantage of this provision of CSPA.

Thank you for your detailed answer Sirin. It is our fortune to have such a member in the forum.

[sirin 9]

All these words came from a document or published in website maybe somewhere else?

Or it's your opinion about the SCr?

I believe Aug 6 2002 CSPA still a law.

Edited June 11, 2014 by sirin

[ShaunLin 1]

I believe Aug 6 2002 CSPA still a law.

sure

but im afraid something has changed...

[sirin 9]

sure

but im afraid something has changed...

Has CSPA been abolished for F3 & F4 categories after the Supreme court opinion in the Scialabba (Mayorkas) vs Osorio case?

1. Licensed in CA

   

   Daniel HanlonPro

   Immigration Attorney - Pasadena, CA

   Contributor Level 20

   

   EmailVisit website

   1

   Helpful vote

   Answered

   about 21 hours ago. No, CSPA has not been abolished. The Supreme Court, however, sided with the BIA's interpretation of Matter of Wang regarding Section 203(h)(3).

[ShaunLin 1]

Has CSPA been abolished for F3 & F4 categories after the Supreme court opinion in the Scialabba (Mayorkas) vs Osorio case?

1. Licensed in CA

   

   Daniel HanlonPro

   Immigration Attorney - Pasadena, CA

   Contributor Level 20

   

   EmailVisit website

   1

   Helpful vote

   Answered

   about 21 hours ago. No, CSPA has not been abolished. The Supreme Court, however, sided with the BIA's interpretation of Matter of Wang regarding Section 203(h)(3).

but...the point is that the CSPA still exists, but whether the F3& F4's child can benefit from it.

[ShaunLin 1]

anyone have the news for CSPA?

[patelmotel 0]

Guys. Relax. CSPA is still same. Only thing changed is the "Automatic conversion from F3/F4 to F2b for an aged-out derivative beneficiary" has been stopped. So no more automatic conversion/retention of priority date. Aged-out = Over 21 AFTER APPLYING CSPA!

If someone's CSPA age is under 21 at the time PD is current, he is eligible. This supreme court decision doesn't affect CSPA. It only affects if the child is over 21 AFTER APPLYING CSPA.

Edited June 12, 2014 by patelmotel

[Hiiiii1972 5]

Annual quota for F4 is 65000. Does this include only primary beneficiary or kids and spouses also.

[ashpatel1970 1]

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

As clearrrr as glass!!!

[ShaunLin 1]

As clearrrr as glass!!!

Whats the point of this analysis.

[ShaunLin 1]

call jolly~

dude so according to the info we have got now, do u think, or believe CSPA still works for F3 F4?