ATTENTION!!From now on, CSPA could not help Child in F3 F4

[ShaunLin 1]

According to the SCr, CSPA can not help people who's case is belong to F3 or F4, which means the child who is aged out ( beyond 21 years old) couldn't go to US with his/her parents.

[aaron2020 11,651]

Hi,

You are misinterpreting the ruling.

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]

Hi,

You are misinterpreting the ruling.

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.

what does "automatic conversions" means wht? I have never heard that f2a and f2b have a age strict or some limit like u said which makes them need CSPA to cover them.

PLZ help me...THX a lot

[aaron2020 11,651]

what does "automatic conversions" means wht? I have never heard that f2a and f2b have a age strict or some limit like u said which makes them need CSPA to cover them.

PLZ help me...THX a lot

Automatic means nothing has to be done. Ergo, why a new I-130 is not needed when the dericative beneficiary ages out into the F2b category.

Sorry that you don't know about the age restrictions and aging in out from F2a to F2b. It's a pretty basic concept.

I can't help you in a short message with a full understanding of CSPA. Google and read. This is not an easy law to fully comprehend. Even SCOTUS couldn't agree in a 5-4 decision without a majority opinion but rather a plurality of opinions that reaches the same conclusions but for different reasons. This is also why the decision was 65 pages long (which is way longer than other decisions). Furthermore, the case only death with one aspect of CSPA. There are many parts to CSPA.

Edited June 11, 2014 by aaron2020

[ShaunLin 1]

Automatic means nothing has to be done. Ergo, why a new I-130 is not needed when the dericative beneficiary ages out into the F2b category.

Sorry that you don't know about the age restrictions and aging in out from F2a to F2b. It's a pretty basic concept.

I can't help you in a short message with a full understanding of CSPA. Google and read. This is not an easy law to fully comprehend. Even SCOTUS couldn't agree in a 5-4 decision without a majority opinion but rather a plurality of opinions that reaches the same conclusions but for different reasons. This is also why the decision was 65 pages long (which is way longer than other decisions). Furthermore, the case only death with one aspect of CSPA. There are many parts to CSPA.

sorry for that, I regard f2a as a spouse thing only, forgot that still has child below 21 years old.

u r so nice! thx for the answer, but can it be possible that the cspa still worked for the F3 F4 child in this way, i have heard some bad air between CSPA, SC want to narrow the range of CSPA. Does SC have the right to do that just by themselves?

what u have written really do me a good favor! THANKS!

[aaron2020 11,651]

u r so nice! thx for the answer, but can it be possible that the cspa still worked for the F3 F4 child in this way, i have heard some bad air between CSPA, SC want to narrow the range of CSPA. Does SC have the right to do that just by themselves?

what u have written really do me a good favor! THANKS!

Where are you getting that SCOTUS wanted to narrow the range of CSPA?

You need to be careful and correctly characterize things.

Under the Chevron doctrine (from another SCOTUS case), deference is giving to the government agency's reasonable interpretation of the law. Here, SCOTUS gave deference to the agency's interpretation of automatic conversions and PD retentions.

Under the US Constitution, SCOTUS has the final say on the interpretation of US laws.

[ShaunLin 1]

Where are you getting that SCOTUS wanted to narrow the range of CSPA?

You need to be careful and correctly characterize things.

Under the Chevron doctrine (from another SCOTUS case), deference is giving to the government agency's reasonable interpretation of the law. Here, SCOTUS gave deference to the agency's interpretation of automatic conversions and PD retentions.

Under the US Constitution, SCOTUS has the final say on the interpretation of US laws.

came from the "ALL F4 2"'s final page....some guy says that

_____________________________

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.

[aaron2020 11,651]

came from the "ALL F4 2"'s final page....some guy says that

_____________________________

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.

Some guy is wrong.

[ShaunLin 1]

Some guy is wrong.

hope its true!

thx for all these thing u have told me.

it was really hard to me these days, we will see what will really happen in the future.

anyway, u just give me much more confidence.

GOD BLESS U !