Thread: I over-aged!
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#8
02-15-2011, 10:02 AM
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Joined in Mar 2006
6,428 posts
Swim19
^Yea its ridiculous that they don't count the amount of time you waited for priority date to become current, but then most immigration laws in this country don't make sense.

This is the entire CSPA rule:

Quote:
203(h) RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN -

(1) IN GENERAL.-- For purposes of subsections (a)(2)(A) and (d), a determination of whether an alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using--

(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien's parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by

(B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.

(2) PETITIONS DESCRIBED- The petition described in this paragraph is—

(A) with respect to a relationship described in subsection (a)(2)(A), a petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or

(B) with respect to an alien child who is a derivative beneficiary under subsection (d), a petition filed under section 204 for classification of the alien's parent under subsection (a), (b), or (c).

(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.

(4) APPLICATION TO SELF-PETITIONS- Paragraphs (1) through (3) shall apply to self-petitioners and derivatives of self-petitioners.
http://shusterman.com/childstatusprotectionact.html#5A

I am talking about the part I bolded. Until they make a decision on the Class Action Lawsuit, I believe from reading up on it; that you would be denied the retention of priority date - meaning another long wait for your green card. We have to wait and see what the decision is, which I am hoping is soon. The last bit of current information I could find said they expected a decision by 'end of the year', which meant end of 2010 and that hasn't happened. It would help so many people if they decided we could retain our priority date in another category (ie: unmarried adult child of a permanent resident) because in most cases (unless retrogression occurs) our priority date would be current and we would not have to wait any longer.
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Initial Approval: 11/13/12
1st Renewal: 10-7-14
2nd Renewal: 10/12/16
3rd Renewal: 5/16/2018
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