Retrogression...and how will it affect my case?

[zuluweta 250]

Hi,

Lots of misinformation here.

CSPA has you covered. As long as you "sought to acquire" a benefit (by filing the DS-260) before retrogression, you have locked your age in under CSPA. Your CSPA age is under 21 and that will not change. Once the PD is current again, you will be eligible for a visa as a derivative beneficiary.

You have nothing to worry about.

Google "CSPA sought to acquire retrogression." This was a popular search when retrogression hit the F2a category in 2013.

Best of luck.

You are talking about 2013. The Supreme Court decision came out in 2014. That changes the rules now. OP's case is exactly like the case covered by Scialabba V. Cuellar De Osorio. A derivative beneficiary of an F1 immigrant visa petition. If he has aged out, then he can't use his mother's priority date.

The resolution lies on whether he aged out or not. And what the US Embassy will do once the PD is current again.

[aaron2020 11,651]

You are talking about 2013. The Supreme Court decision came out in 2014. That changes the rules now. OP's case is exactly like the case covered by Scialabba V. Cuellar De Osorio. A derivative beneficiary of an F1 immigrant visa petition. If he has aged out, then he can't use his mother's priority date.

The resolution lies on whether he aged out or not. And what the US Embassy will do once the PD is current again.

You are still wrong.

SCOTUS did not change the rules in 2014. They affirmed the government's interpretation which had been in practiced. How were the rules changed if SCOTUS decided that everything the U.S. Government was doing was correct and the people suing lost?

The OP's position is nothing like the plaintiffs in the cases you cited. Those cases involved new petitions and retaining a parent's PD. OP has CSPA benefits under his parent's petition. OP is not seeking to retain his parent's PD on a new petition. Not the same.

I know when SCOTUS came out with their decision, and I know what it said.

You are claiming that CSPA only applies to F2a. That's wrong.

SCOTUS did not change CSPA. They affirmed the U.S. government's position that had been in practice for many years. They also never mentioned retrogression.

I am not talking about retaining his parent's PD for another petition. I am talking about locking in CSPA benefit as a derivative under the "sought to acquire" language on his parent's petition.

He will be able to get an immigration visa under his parent's petition because his CSPA age was locked in when he "sought to acquire" a benefit despite retrogression. He will be eligible under CSPA. "The resolution lies on whether he aged out or not" is irrelevant since he qualifies under the same rules applied in 2013. SCOTUS agreeing with the government in 2014 did not change anything.

Edited June 20, 2015 by aaron2020

[zuluweta 250]

I would rather rely on what the U.S. embassy does next than what you so stridently claim is true. Perhaps he may get a visa. Perhaps not. Unless you are someone from USCIS or DOD adjudicating this case, I would take your claims with a grain of salt. If OP gets a visa soon, then maybe you are correct. Other than that, it all depends on what happens next.

[aaron2020 11,651]

I would rather rely on what the U.S. embassy does next than what you so stridently claim is true. Perhaps he may get a visa. Perhaps not. Unless you are someone from USCIS or DOD adjudicating this case, I would take your claims with a grain of salt. If OP gets a visa soon, then maybe you are correct. Other than that, it all depends on what happens next.

If OP had relied on you, he would think that CSPA does not apply to him.

Just because you don't know something or understand it does not mean it's wrong.

"Rely on the U.S. embassy" is your response? Nice covering yourself when you can't acknowledge you were wrong.

Please explain how SCOTUS changed the law when it affirmed what the government was doing and rejecting the changes advanced by the plaintiffs who lost? You will not answer this will you?

Before you advise people to take my advice with a grain of salt, perhaps you should use the search functions to look at other CSPA questions I have answered correctly over the last 5 years on this forum.

Edited June 21, 2015 by aaron2020

[Haseo 1]

Thanks for the inputs and clarifications, I'll update you all the results about this once I've already been interviewed but I don't have another appointment yet cause I'm waiting for my PD to be current. And btw, is there any chances that the cutoff date will go back to where it was when a new fiscal year arrives on October 1? Or if not, can someone give me a rough estimate when will my PD(30OCT2001) will be current again because I'm afraid that my medical exam results will expire before that?

Thank you.

[aaron2020 11,651]

Thanks for the inputs and clarifications, I'll update you all the results about this once I've already been interviewed but I don't have another appointment yet cause I'm waiting for my PD to be current. And btw, is there any chances that the cutoff date will go back to where it was when a new fiscal year arrives on October 1? Or if not, can someone give me a rough estimate when will my PD(30OCT2001) will be current again because I'm afraid that my medical exam results will expire before that?

Thank you.

Hi,

No one can tell you when the PD will be current again. No one has access to the relevant data to make any good guess.

If your medical expired before your interview, you will have to get it done again.

Best of luck

[Haseo 1]

Just want to update this thread...

I took the risk and made an appointment this day, August 3 via ustraveldocs. They've let me in and got interviewed (or should I say semi-interviewed) and the consul said to make another appointment when my case becomes current again just after a few easy questions. They got my documents except for the passport which was returned at the releasing area and a letter about the retrogression which I already expected.

One thing that has been clarified to me this day was I'm actually protected by CSPA! YAYYY!

There's still my worries about my expiring docs, but what's important is that, I'm still eligible for the visa.

[aaron2020 11,651]

Congratulations!

[kmula 7]

Congrats!

[Haseo 1]

Hey guys, I need some help/advice. Not exactly about this but somehow related.

My aunt who acts as our agent wants me to make a letter for NVC explaining stuffs, that I had this original interview and just delayed and this retrogression..., to be able to have a visa before my medical exam expires. [Expiring next month, case still not current]

I know this is somehow... if you know what I mean, but I can't find the right words what to reply to her or even I make the letter, I still don't know what to say?

What do you think? Thanks.

[aleful 1,905]

hi

you don't need to send a letter, there is nothing you can do, they won't issue a visa until your PD becomes current again, there are other people who have PDs sooner than yours, you'll just have to do your medical again and any other thing that they request

[Haseo 1]

Just to update this thread, I already got my visa last Feb 9, attended the seminar and ready to go. I just want to thank all of you who helped and gave me advices, so thank you very much