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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1  
Old 08-01-2007, 06:37 PM
yvjoshi100 yvjoshi100 is offline
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Default Ageing out Children-CSPA

It is good to see the combined Immigration community efforts are bringing results. However, it appears that no attention is being paid to raise the issue of children ageing out because of visa retrogression and delay in labor clearance. The Child Status Protection Act(CSPA) passed in the year 2002 hardly provides any relief to I-140 based immigration petitions. While for I-130 (for US Citizens) applicants the date of child is frozen on the date of submission of I-130 form it-self, but for employment based immigrant applicants this Act provides a complicated way to calculate the child’s age and it just provides relief for any processing delays in 1-140 clearance only. It just ignores the fact that we have years of retrogression for employment-based category. At the time when this act was passed there was no retrogression in employment-based category and lawmakers perhaps never thought of hardship, which children and families may face because of the retrogression.
We need to raise our voice on this issue too. My son is going to miss out the chance of getting his green card just because his age works out as per formula given in CSPA Act to be 21 years and 12 days – because of 12 days my family may be penalized to be separated from our child whereas no one is going to consider 3 years delay in labor case in my case and then another 13 months we have to wait for filing 1485 after approval of I-140. Mine case was the most unfortunate in the sense that I got my I-140 approval in just 29 days whereas in all cases the normal time is 3-6 months. Had it taken 2 months, my son would have got the benefit under CSPA.
I hope some one from Immigration Voice leadership team will take a lead to highlight such issues also before the law makers.
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  #2  
Old 08-01-2007, 06:45 PM
Saralayar Saralayar is offline
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Default IV Core..

Quote:
Originally Posted by yvjoshi100
It is good to see the combined Immigration community efforts are bringing results. However, it appears that no attention is being paid to raise the issue of children ageing out because of visa retrogression and delay in labor clearance. The Child Status Protection Act(CSPA) passed in the year 2002 hardly provides any relief to I-140 based immigration petitions. While for I-130 (for US Citizens) applicants the date of child is frozen on the date of submission of I-130 form it-self, but for employment based immigrant applicants this Act provides a complicated way to calculate the child’s age and it just provides relief for any processing delays in 1-140 clearance only. It just ignores the fact that we have years of retrogression for employment-based category. At the time when this act was passed there was no retrogression in employment-based category and lawmakers perhaps never thought of hardship, which children and families may face because of the retrogression.
We need to raise our voice on this issue too. My son is going to miss out the chance of getting his green card just because his age works out as per formula given in CSPA Act to be 21 years and 12 days – because of 12 days my family may be penalized to be separated from our child whereas no one is going to consider 3 years delay in labor case in my case and then another 13 months we have to wait for filing 1485 after approval of I-140. Mine case was the most unfortunate in the sense that I got my I-140 approval in just 29 days whereas in all cases the normal time is 3-6 months. Had it taken 2 months, my son would have got the benefit under CSPA.
I hope some one from Immigration Voice leadership team will take a lead to highlight such issues also before the law makers.
Can any IV core member take this issue??. Thanks.
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  #3  
Old 08-02-2007, 12:11 AM
sbdol sbdol is offline
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Did you already file your I-485 ?
"... in the past the USCIS determined that the Child Status Protection Act (CSPA) would extend such children's eligibility in most cases so long as their adjustment application was filed before they reach the age of 21...

http://pubweb.fdbl.com/news1.nsf/7f4...f?OpenDocument
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  #4  
Old 08-02-2007, 04:01 PM
yvjoshi100 yvjoshi100 is offline
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Default CSPA -Ageing out Child

No, as my priority date never became current before my son turned 21.
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  #5  
Old 08-02-2007, 04:19 PM
indianabacklog indianabacklog is offline
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Default

Quote:
Originally Posted by yvjoshi100
It is good to see the combined Immigration community efforts are bringing results. However, it appears that no attention is being paid to raise the issue of children ageing out because of visa retrogression and delay in labor clearance. The Child Status Protection Act(CSPA) passed in the year 2002 hardly provides any relief to I-140 based immigration petitions. While for I-130 (for US Citizens) applicants the date of child is frozen on the date of submission of I-130 form it-self, but for employment based immigrant applicants this Act provides a complicated way to calculate the child’s age and it just provides relief for any processing delays in 1-140 clearance only. It just ignores the fact that we have years of retrogression for employment-based category. At the time when this act was passed there was no retrogression in employment-based category and lawmakers perhaps never thought of hardship, which children and families may face because of the retrogression.
We need to raise our voice on this issue too. My son is going to miss out the chance of getting his green card just because his age works out as per formula given in CSPA Act to be 21 years and 12 days – because of 12 days my family may be penalized to be separated from our child whereas no one is going to consider 3 years delay in labor case in my case and then another 13 months we have to wait for filing 1485 after approval of I-140. Mine case was the most unfortunate in the sense that I got my I-140 approval in just 29 days whereas in all cases the normal time is 3-6 months. Had it taken 2 months, my son would have got the benefit under CSPA.
I hope some one from Immigration Voice leadership team will take a lead to highlight such issues also before the law makers.
Sorry to hear your son is going to fall into what I can only describe as a black hole that the system choosed to totally ignore. I faced this situation a year and a half ago and transferred my son to an F1 student visa. As long as he is registered for 12 credit hours in college he gets to stay in the US. This is NOT a long term solution but there are few options available. We have to hope that somebody somewhere who can change things will finally see this as a problem and act on our behalf. I have contacted dozens of senators, congressmen etc etc and in all but two cases did not even get an acknowledgment.
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  #6  
Old 08-03-2007, 10:48 PM
yvjoshi100 yvjoshi100 is offline
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Default Ageing out Child

Is any one from IV Core Team taking note of this problem to represent before law makers?
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  #7  
Old 08-03-2007, 10:57 PM
sertasheep sertasheep is offline
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While this is an important issue, it could be largely addressed if backlogs are eliminated, thus speeding up the adjudication time. At this time there is no specific charter to address this issue, however, this is a problem that persists across the spectrum, and not only in employment-based immigration categories.

(I will bring this to the notice of the Core Group, however, one should take note that we cannot have a very broad agenda, as it would be challenging for us to approach Congress with requests).
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  #8  
Old 08-04-2007, 07:27 AM
suny_saini suny_saini is offline
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Default same problem

my name was not interview with my family.
my family gave interview and embassy asked for original I140 and I824 approval notices to check my eligibility.

i submitted and now after 2 weaks got the follwing reply:

In your case , the I-140 was filed on sept 10, 2001 and approved on october 08, 2003. The visa became available on october 08, 2003 . Form I-824 was not filed within one year of visa became available. <my name> was born on January 03, 1986. because he (me) is above 21 years old an immigrant visa as a derivative beneficiary of Employment third prefrence (e3) immigrant visa category cannot be inssued to <my name>. In order to qualify for a visa, he (me) would need to benifit from CSPA. Since form I-824 was not filed within one year of visa becoming available on October 08, 2003.
<my name> cannot be processed under CSPA.

SO plz help me with right advice and solution so that i can travel with my family.
my mom and bro got te visa and it will expire in 6 monts and i want to go with them, can i be able to get visa in any case before their visa expire?

i badly need help.
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  #9  
Old 08-04-2007, 07:27 AM
suny_saini suny_saini is offline
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plz
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  #10  
Old 08-04-2007, 09:43 AM
akhilmahajan akhilmahajan is offline
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Please act on the following Action Items.
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  #11  
Old 08-07-2007, 11:59 AM
yvjoshi100 yvjoshi100 is offline
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Default Request for Core Team menber to include this issue in agenda

Hi,
I saw response from one of the moderator.
I think that we need to point out to law makers that employment based petitioners are being differentiated from citizens . Whlie in their case the date of child is frozen on the date of the I-130 application, why not same treatment should be given for I-140.
I again hope our Core Team members will take up this issue.
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  #12  
Old 08-07-2007, 12:39 PM
11785181 11785181 is offline
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Default Age out Issue-IV Core team please help out.

My daughter aged out a couple of years ago due to the fact that my husband's labor was in process and it took about 2 plus years to get approved. Another thing is we have no options at all because our child is severely handicapped and we came here only to participate in a research and never went back as doctors advised her to stay here due to her health issues. We continue to keep her in legal status by applying for B2 visa all the time and which USCIS has been kind enough to grant it to her based on doctor's letters. I hope something is done for the children who have aged out. I even took up our case through Senator's office but nothing happened. It would be really great if IV could do something for the Aged Out Children and parents. I had to leave the job and get into H4 due to her ill health and be her primary care giver.

Kay Ahuja
Contributed to IV
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  #13  
Old 08-13-2007, 08:31 PM
yvjoshi100 yvjoshi100 is offline
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yvjoshi100 will become famous soon enough
Default Cspa

Is there any one like my who misssed CSPA applicability by less than a month.If yes, please respond.
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  #14  
Old 08-13-2007, 09:50 PM
avinayak avinayak is offline
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Default Cspa

My child aged out on Aug 25th last year. MY labor was filed in 2001 and took 6 years to clear. My I-140 was approved in March 2007.
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  #15  
Old 08-14-2007, 12:11 AM
GCVir GCVir is offline
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Default Another Age-out Issue

My son aged out by 31 days (DOB: 03/30/1986) after applying CSPA benefit (I-140 processing period) of one month and hence could not file 485 application (in this July) and hence we are going through lot of hardships in different ways ( showing $27k balance for F1 , maintaining F1 status at very high tuition fees, showing high bank balance for OPT etc...).

My son is herein USA for the last 8 years from his 13th year studying from his 9th grade to his undergraduate final year. My I-140 was applied/approved in his 19th year - however, due to retrogression, I-485 could not be applied and hence this issue.

I sincerely feel that - the objective of CSPA was to extend protection to this kind of situations - but could not fulfil the same because of later unexpected retrogression which was not there in employment based categories in 2002 and hence is a kind of technical anomaly. I also feel that if core group puts its heart in to this issue - it could convince the law makers easily since it is more of a humanterian issue and the problem is due to unintended technical anomaly and with practically Nil negative effects even from anti-immigrant view point.

As a group, age-out cases may not be many - but the suffering by these few is huge - after being in USA for 9 years, these children have to be separated from their families, has to repeat the cycle - continue study at vey high tuition fees, go through OPT / H1B (if in IT and wins H1b Lottery) / labor / I-140 / I-485/EAD/GC).

I request core group to study the issue in depth - then I am sure they can convince the law makers easily since it is rectification of technical anomaly.
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