Retrogression and Aging-out

[kannan]

Today I got a e-mail saying that My AP document is mailed. My wife ,daughter and I got it except my son who is going to be 21 on this NOV.

[kaisersose]

Since his 485 has been filed now, him aging out in Nov 2008 is not a problem anymore, right?

[kannan]

Originally Posted by kaisersose

Since his 485 has been filed now, him aging out in Nov 2008 is not a problem anymore, right?

There is no real case till now so we do not know what will happen to these children.

Please gather Parents whose I-485 applied and children going to be 21.So that we can share what type of action taken or to be taken.

[fromnaija]

My son will be 21 in July and I got both AP and EAD for him. According to my lawyer the child's age is locked in at the time of filing I-485.

[kannan]

Originally Posted by fromnaija

My son will be 21 in July and I got both AP and EAD for him. According to my lawyer the child's age is locked in at the time of filing I-485.

Hi,
Has your son started using EAD. Did the college or University accept his AOS status?

[checklaw]

Originally Posted by kannan

Hi,
Has your son started using EAD. Did the college or University accept his AOS status?

Hi kannan,
I had received some valuable info. regarding the same subject from a fellow IVian which reinforced what fromnaija posted about CSPA locks-in the date at time of I-485 filing.

"(5) Visa Availability Date Regression . If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, USCIS should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using th e subsequent visa availability date."

Referenece: http://www.uscis.gov/propub/ProPubVA...9d34a8c70b7fb0

Share with us if your lawyers are interpreting this differently.

checklaw

[kannan]

Originally Posted by checklaw

Hi kannan,
I had received some valuable info. regarding the same subject from a fellow IVian which reinforced what fromnaija posted about CSPA locks-in the date at time of I-485 filing.

"(5) Visa Availability Date Regression . If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, USCIS should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using th e subsequent visa availability date."

Referenece: http://www.uscis.gov/propub/ProPubVA...9d34a8c70b7fb0

Share with us if your lawyers are interpreting this differently.

checklaw

My lawyer Very Big Firm in CA says, even though I 485 applied there is no gurantee, till USCIS confirms. so we need to apply student visa .


Fromnija check your PM

[lazycis]

Originally Posted by kannan

My lawyer Very Big Firm in CA says, even though I 485 applied there is no gurantee, till USCIS confirms. so we need to apply student visa .


Fromnija check your PM

Let your lawyer read CSPA and 8 USC 1153
http://frwebgate.access.gpo.gov/cgi-...ng_public_laws

SEC. 3. TREATMENT OF CERTAIN UNMARRIED SONS AND DAUGHTERS
SEEKING STATUS AS FAMILY-SPONSORED, EMPLOYMENTBASED,
AND DIVERSITY IMMIGRANTS.
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following:
‘‘(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.


In short, your son's age is fixed (for the USCIS) as of I-485 filing date.

[checklaw]

Regarding your child applying to a University on AOS status might lead to a discussion or debate that is separate from CSPA.

In NJ, I came across one University which has a policy to treat a new student who is neither a US Citizen nor Permanent resident as a Non-Resident for the purpose of determining fee structure.

Again this may be different across Universities or States.

[fromnaija]

Yes, the University accepted his AOS and on the basis of that granted in-state tuition for the first time. He is in his final year. He is not using EAD but will use it this summer for his internship.

Originally Posted by kannan

Hi,
Has your son started using EAD. Did the college or University accept his AOS status?

[andy garcia]

Originally Posted by kannan

My lawyer Very Big Firm in CA says, even though I 485 applied there is no gurantee, till USCIS confirms. so we need to apply student visa .


Fromnija check your PM

My son turned 21 last December and our Green Cards(me, wife and him) were approved 3 weeks ago.

andy

[akgind]

Originally Posted by kannan

My lawyer Very Big Firm in CA says, even though I 485 applied there is no gurantee, till USCIS confirms. so we need to apply student visa .

My daugher filed I-485 on July 2, 2007 along with me and my spouse. She turned 21 in Aug 2007. All three of us got our AP and EAD in Oct 2007.

[kannan]

Originally Posted by lazycis

Let your lawyer read CSPA and 8 USC 1153
http://frwebgate.access.gpo.gov/cgi-...ng_public_laws

SEC. 3. TREATMENT OF CERTAIN UNMARRIED SONS AND DAUGHTERS
SEEKING STATUS AS FAMILY-SPONSORED, EMPLOYMENTBASED,
AND DIVERSITY IMMIGRANTS.
Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following:
‘‘(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.


In short, your son's age is fixed (for the USCIS) as of I-485 filing date.

If USCIS consider then I will be the most happiest person in this world.We live for our children if they are not getting then that is the most painful thing in our life.

I request all the parents to share their own experince here and request to keep the thred alive.

[kannan]

Originally Posted by andy garcia

My son turned 21 last December and our Green Cards(me, wife and him) were approved 3 weeks ago.

andy

Congrats andy garcia.What is your PD.

[kannan]

Originally Posted by akgind

My daugher filed I-485 on July 2, 2007 along with me and my spouse. She turned 21 in Aug 2007. All three of us got our AP and EAD in Oct 2007.

Did the college accept her AOS status and in state tution fees? Did you apply F1 visa for her.