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  • raju123
    06-01 04:00 PM
    This might be useful to you.

    Age-Out Problems under the Interplay of the Rule of Concurrent Filing and "Child Status Protection Act"

    The "Child Status Protection Act", effective August 6, 2002, addresses the problems of minor children losing their eligibility for certain immigration benefits as a result of INS (now USCIS) processing delays. Prior to the passage of this law, a child's eligibility in Employment-Based Immigration situations to be part of his or her parent's application as a derivative beneficiary was based on the child's age at the time that the child's I-485 was adjudicated. Because of enormous backlogs and processing delays, many children turned 21 before the their I-485 applications were adjudicated. In such cases, the children "age-out" and are no longer considered to be part of the parent's application and lose their eligibility to obtain green cards as a derivative beneficiary.

    Children who otherwise would have aged out may successfully adjust their status through the additional interplay of the new Concurrent Filing rule and the "Child Status Protection Act." According to the "Child Status Protection Act," the eligibility of these aging-out children will be determined by their age at the date a visa becomes available to them minus the number of days that the Employment-Based immigration petition was pending. Furthermore, these children must file for permanent resident status within one year of such availability. For a clearer illustration of this rule, please see the different scenarios below.

    Example 1
    The Labor Certification application that was submitted on John's behalf on January 1, 2000 was later approved on December 31, 2000. Afterwards, his employer submits an I-140 (EB-2) immigration petition on John's behalf on January 1, 2002. At that time, John's son, Junior, is 20 years and 7 months old. John's I-140 petition was pending for six months and was approved on July 1, 2002, one month after Junior turns 21 years of age. The visa number for EB-2 was available for John on July 1, 2002. Under the old law without the Child Status Protection Act, Junior has aged out because he is now 21 years old. However, under the new law, his age is fixed as of the date that a visa number becomes available minus the number of days that the I-140 was pending. Because John's I-140 was pending for six months, these six months must be subtracted from Junior's age at the time the visa number became available on July 1, 2002. Subtracting six months from Junior's age of 21 years and one month on July 1, 2002, Junior's age is fixed at 20 years and 7 months. Thus, even though he was already 21 years and one month on July 1, 2002, he is still considered a "child" for purposes of accompanying his parents in adjusting his status to permanent residence. However, Junior has to file his I-485 within one year from the date of I-140 approval, that is before July 1, 2003. The length of time that is takes the USCIS to adjudicate Junior's case is no longer important in these cases.
    According to "Child Status Protection Act", if through the above calculation, the child's age is fixed at 21 or older, the child would be automatically reclassified to an appropriate category and retains the principal beneficiary's original priority date. Please see the next example below.

    Example 2
    Same facts as above except that Junior is 21 years and seven months old at the time of John's I-140 approval. Because John's I-140 was pending for six months, Junior's age will be fixed at 21 years and one month. Even with the Child Status Protection Act, Junior still ages out and may not adjust his status at this time. However, he will automatically be reclassified to an appropriate category, family-based 2B, and retain his father's original priority date, January 1, 2000, which is the date John's employer filed John's Labor Certification application.

    Example 3
    Richard filed his I-140 immigration petition (NIW) on August 1, 2002. Richard's son, Simon, is 21 years and one month old. According to the new I-140 and I-485 Concurrent Filing Rule, Richard filed his I-485 because the visa number was currently available for Richard at that time. However, Simon cannot file his I-485 with his father because he aged out.

    Example 4
    Howard's daughter, Rachel, is 20 years and 10 months old. Howard filed his I-140 immigration petition (NIW) on August 1, 2002. According to the new I-140 and I-485 Concurrent Filing Rule, Howard and Rachel filed their I-485 since the visa number was available for Howard at that time. Thus, according to the "Child Status Protection Act," no matter how much time Howard's I-140 is pending, Rachel will not age out.
    Visa numbers are currently available to all EB-1, EB-2, and EB-3 categories. Thus, with the new Concurrent Filing rule, any person who is a beneficiary (or applicant) of an I-140 petition that has already been filed or is filing the I-140 at this time is now eligible to file the I-485 application as well. Family members will be eligible to file the I-485 along with the principal alien. However, since the Concurrent Filing rule became effective, visa numbers may become unavailable in the future because more eligible aliens will be filing their I-485. Thus, eligible aliens with aging-out children should file their I-485 as soon as possible. Please see next example.

    Example 5
    Jenny filed her I-140 immigration petition (NIW) on August 10, 2002. Jenny has a son, Benny, who is 20 years and eleven months old. However, due to the new I-140 and I-485 Concurrent Filing Rule, many aliens have filed their I-140 and I-485 together and the visa number for EB-2 has been exhausted. However, the visa number will not be current until December 2002 when Benny will be 21 years and three months old. If Jenny's I-140 is pending for six months and will be approved in February 2003, these six months will be reduced from Benny's age in December 2002 when he is 21 years and three months old. Thus, his age is fixed as 20 years nine months. However, if Jenny's I-140 petition is pending for only two months and will be approved in October 2002, Benny's age will be fixed as 21 years and one month. Thus, Benny ages out in this scenario and must wait until his priority date under family-based 2B immigration becomes current.

    Example 6
    Jason filed his I-140 immigration petition (NIW) on June 30, 2002. Jason has a son, Ken, who is 20 years and ten months old at that time. According to the visa bulletin, an immigration visa number became available for Jason on July 31, 2002. Ken was 20 years and eleven months on July 31, and he is not in the U.S. but in his home country. Because of the new I-140 and I-485 Concurrent Filing Rule Jason filed his I-485 on August 10, 2002. If Jason's I-140 is pending for 6 months until December 31, 2002, one month pending period from June 30 to July 31, 2002 should be subtracted from Ken's age on July 31, 2002. Thus, Ken's age is fixed as 20 years and 10 months. Ken may apply for his immigrant visa through Consular Processing at U.S. Consulate in his home country within one year from July 31, 2002.

    For more information about "Age Out", please click the following topics:

    What is "Age Out"
    Child Status Protection Act
    If you are a USC, does CSPA prevent your child from "aging out"?
    If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
    Age Out Problems in Employment-Based Immigration
    Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
    Child of Asylee and Refugee
    Unmarried Sons or Daughters of Naturalized Citizens
    Effective Date of the CSPA


    Hi All,
    I want to know if my 19 year old son can be affected by aging out.
    I have just received ALC certification and will now file I140 and I485 concurrently as my priority date NOV 22 2004 EB3 Rest of World will be current in June.
    Can someone who understands the aging out rules tell me if my son may have a problem?
    Thanks in advance...




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  • pappu
    06-10 02:11 PM
    I don't follow. Are you saying that DOS is disclosing VISA bulletin to IV (core members) even before the actual date of bulletin???

    NO.




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  • ys2jax
    07-06 08:39 AM
    here is the link
    http://www.cnn.com/feedback/forms/form1.html?18

    I cannot believe CNN is completely ignoring this story which appeared in NYT, WSJ, FORBES and a 100 other newspapers

    http://www.nytimes.com/2007/07/06/us/06visa.html?hp

    there was a serious security lapse in issuing green cards, FBI Security check was bypassed, the USCIS might have given the visa to even terrorists.

    why is CNN completely turning a blind side to this story, i am appalled by the CNN staff who choose to ignore this story.




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  • sapota
    07-19 03:25 PM
    Given that IV was majorly instrumental in reversing the July fiasco, the least I could do was contribute money.

    I am also planning to contribute time by volunteering for Texas state chapter activities.

    The turn of events in past month clearly highlights what concentrated lobbying can achieve. We need to keep up the pressure.



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  • ashutrip
    06-17 02:02 PM
    not sure why is this question imp , but it's nov 2006 .....
    nov 2006 still pending!!!
    Man, mine is march 2007.....guess I will miss the bus......cuz as per my lawyer dates will retrogress in october big time




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  • kiran24
    08-03 10:55 PM
    There is a conference call going on at SoCal IV forum Bbetween 8:00 P.M to 8:30 P.M. Please join the call if you are interested in attending a SoCal IV organized booth at an event in Southern CA.



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  • Macaca
    09-14 01:05 PM
    Bush Counting on Tougher Enforcement To Carry Revived Bill (http://immigrationvoice.org/forum/showpost.php?p=89800&postcount=475) By DAVID ROGERS (david.rogers@wsj.com) | The Wall Street Journal, June 25, 2007
    High-Tech Titans Strike Out on Immigration Bill (http://immigrationvoice.org/forum/showpost.php?p=89882&postcount=481) By ROBERT PEAR (rpear@nytimes.com) | New York Times, June 25, 2007
    Revised Bill to Add Fuel To Immigration Debate (http://immigrationvoice.org/forum/showpost.php?p=90213&postcount=492) By DAVID HALL (david.hall@wsj.com) |THE WALL STREET JOURNAL,
    June 25, 2007




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  • guy03062
    09-11 04:57 PM
    By the way, let me clarify that I have nothing against 2006 PD who got approved last month...but my frustration is against USCIS system who does not follow FIFO. Sorry if I have hurt someone's feelings.

    This is really frustrating...moving EB2-I cut-off dates to Aug 2006, approving large number of 2006 PD cases and leaving 2003 - 2005 cases aside.



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  • bp333
    03-04 11:11 AM
    Not sure if something is cooking at USCIS, last week an USCIS office called my attroney to get clarification on why we (my wife and I) are residing at separate addresses. We are in the process of relocation (company moved), my wife chose to continue her employment while she's searching for opportunities in the new location. The officer stated that they are trying to adjudicate the cases ASAP, hence he's inquiring to ensure there isnt any marriage fraud. My attorney responsed back will all the possible evidence to proved we are together.

    Has anyone had a similar experience.

    My PD: Aug 2004
    Cat: EB3 India.




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  • sunny1000
    04-30 05:32 PM
    how do u know if someone gives u red?

    If you click on the userCP on the top left side on the forum page, you can see a bunch of reviews for your posts, if you have any (be it red or green dots with or without description). But, you won't know from who you received it though.



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  • vgayalu
    06-01 10:01 AM
    Hi Guys,
    How it sounds ,If we give top most lazy award to Philly- BEC center from IV side.




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  • peyton sawyer
    07-23 02:57 AM
    i am from asia.. i'll hopefully be working in NY.

    thank you for your quick reply.

    anyway, my PD is Aug. 2005. when did you send to NVC your updated DS230?



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  • eb3_nepa
    07-05 10:52 AM
    Admins can we combine this thread and

    http://immigrationvoice.org/forum/showthread.php?t=6082




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  • willwin
    06-11 11:49 AM
    anyone wants to guess as to when EB3(I) will reach 2003 Dec. I know it is long long time away but it has to reach that date some time in the future.

    Going by what has happened this year, assuming no legislation relief in the near future, dates are NOT going to move forward for EB3 for a very long time. The movement would be slow for EB2 I as well.

    Reason, USCIS would have more resources (available) starting next FY and also if they were able to use up all VISA numbers in a FY when they had to handle several hundred thousands of EAD/AP besides naturalization cases, starting next year it is going to be an easy bet for them. So, the dates would move forward very slowly (with all the new I140 approvals coming in).

    However, if there was any legislation relief, then it would be a different ball game altogether. May be we will see a repeat of 2002-2004 when all categories were current.



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  • ashutrip
    06-20 01:28 PM
    Refer this.

    http://immigrationvoice.org/forum/showthread.php?t=2567
    anybody here who got his labor certified from Atlanta off late




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  • anandrajesh
    08-12 11:14 AM
    So much for unions to support them for mid term elections.. Come next year, if dems still have same majority, H1B/L1B word will be removed from India's IT dictionary..

    All they had to do was to introduce another $2000 fee for every Green Card Re-Captured. Most of us would have been out of this mess and they would have got the money they needed. This Grand posturing is extremely disturbing and i hate the politics behind it.
    I wish the Democrats lose big time and lose their hold from Senate and house.



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  • pappu
    09-30 06:17 PM
    Don't expect anything from Nebraska Service Center today. Somebody from site who live few minutes away from NSC said that the parking lot at NSC is empty today. Yesterday, she saw that it was full from 7 to 12 nn but was empty in the afternoon.

    What we can expect is only automatic LUDs. No overtime work for NSC. Have they used up all the FY2007 visas? They must have....if not, this fact can be used against them when we file a complain.
    Its interesting to find someone 'tracking' the NSC parking lot this weekend!!:D

    I have found some interesting posts by people. See below:

    1. I check on this site every hour or everytime whenever i can
    2. I check if i have LUD first thing in the morning and in the evening
    3. I check my bank account and wish checks for EAD and AP are encashed
    4. I keep on logging on online forums(murthy.com, immigrationvoice, immigration portal..etc)
    5. I keep calling USCIS hotline for some questions
    6. I cant wait for my FP notice
    7. I always go to snail mailbox and hope i got something immigration related
    8. I call my friends and guess what we end up talking about? immigration matters
    9. I'm jealous of people who have gotten their greencards
    10. I cant get this Greencard off my mind!!!!

    Have i gone greencard crazy? :)


    LIFE?

    L- LUD
    I- Immigration Notices/RFEs/IO
    F- Forums
    E- e-mail from CRIS




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  • sriramkalyan
    07-06 12:10 PM
    I hope people who started this discussion do not have sinister ideas against IV.

    I am totally against any change to Leadership but pro for anyone going to DC talking to Congress/USCIS.




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  • TomPlate
    07-05 02:14 PM
    All can file I-485 now. please go through this link.

    http://www.murthy.com




    snhn
    05-02 02:42 PM
    I read here that King said that everyon on EAD and AP is getting a free ride even thought here green card might get rejected. What does he mean by that. I tahught every process goes thorugha security check. such as I 140, H1b, AP and even EAD.




    meridiani.planum
    04-02 03:43 AM
    Well if u r a paying customer, u didn't like the product that u bought. Forget it and move on and u knew b4 buying that its non-refundable and cannot be taken back whether u like it or not. Before buying the product u very well knew what u were buying dint u? So live with it. :D

    that might be your attitude. some people have a different opinion and dont like to bend over when circumstances try to screw them. If you pay for something and get a lemon you might be ok with living with it and moving on, saying its non-refundable. Many others dont share that view. They'll fight for a replacement, a fix, some solution to the problem.

    If all you can do is bend over, then move on, you are wasting your time on IV.



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