dream act y not to be rude but i think you need to read the latest news about child status protection act case that is now on appeal by DOJ to the supreme court to have a reverse decision,..
on sept 26 2012 on an en banc case file by nationwide top attorneys in the US "one of them is my attorney right now" the 9th circuit and i believe if im correct the 5th circuit ruled of derrivative childrens retains the parents priority date under child status protection act,.. which they say USCIS is mistakenly implemented CSPA the wrong way,..
examples on the cases is why LPR when becomes US citizen the i130 filed for their children under category F1gets greencard right away,.
if they aged out they automatically go to the other line as F2b but retains the priority date,
that is also for an F2b been filed then when the child got marry they automatically go to f3 category and retains the priority date of their parents even their childs spouse not even on the original petition gets the priority date and the children of that child that got marry if her children is under 21,..
but for LPR filed a i130 the F2a child when get age out they dont retain their priority date and goes back to the end of the line of the F2b category which the 9th circuit and 5th circuit clearly rules that it should also be retain,..
which our lovely government the USCIS appealed it at the supreme court by writting a writ of certiorari to reverse the ruling of the lower courtlast Jan 25 2013...
clearly if the government wants to have a immigration reform why is it even the CSPA law they dont want to implement it right and even ask the supreme court for a reversal decision,.. and if you read the writ of certiorari that was been submitted this Jan 25 2013 by DOJ to the supreme court, you will ask yourself why do they put road blocks like this for uniting families,..
read the last pages of the writ of certiorari and you will find the answers,..
USCIS clearly say there if the supreme court didnt accept their writ of certiorari their agency will gonna be having lots of problems for future backlogs of seeking this CSPA,..
so on those last pages clearly they are admitting that retention for priority date for derrivative benificieries are the correct interpretation of that law but if they implement those laws and rules, USCIS agencies will need to do their jobs correctly,..
its not the supreme court's decision to accept that writ just based on the USCIS future problem they will face for their mistake implementing CSPA, but its just plain inhuman to accept that writ and denied children to be reunited with their parents
if you think its unfair for others waiting in line to have their greencard, for others someone like me a benificiary of CSPA to cut in front of them. think about our situation too we already waited in line with our parents petition to them then when we aged out we need to go back at the back of the line and fall in line again,.. making us wait in line double the time,.. and only for the family category F2b of an LPR is having that wrongful law implementation of the CSPA act of 2002,...
what about those who are on a F2a category when their parents naturalized they freeze their aged and even give them option if they want to go to F2b categor if they aged out "called OPT OUT" let them pick for themselves which route is faster for them and still retain the priority date,.. and jump on others that was on the line just for them to have easier route, dont you think thats much unfair?
read the blog of a lawyer named carl shusterman some of what i posted here was some parts i read on his site
what im asking here is someone with the same experience or case or knowledge on this,.. so please if anybody could share their own experience thanks
Last edited by letnubi8dust; 01-31-2013 at 03:29 AM..