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All other Green Card Issues I-140/I-485, Family Based Green Card

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Old 08-05-2007, 02:18 AM
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suny_saini is on a distinguished road
Default I-824 and CSPA???? ( VISA REJECTED)

My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775

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If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485

(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
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Old 01-09-2012, 07:26 PM
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sungeoakam is on a distinguished road
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Q. Are people who did not file an application for permanent residence within one year of the visa
becoming available still able to apply under CSPA?
A. Generally, no. However, because of the recent change in interpretation of the CSPA, USCIS will
permit certain individuals to apply outside of this one year period.
Individuals that are eligible to apply for permanent residence under CSPA after one year of a visa
becoming available include:
Beneficiaries (or derivatives) of a visa petition that was approved prior to August 6, 2002 AND
had not received a final decision on an application for permanent residence based on that visa
petition prior to August 6, 2002 AND
the visa became available on or after August 7, 2001 AND
who met all of the other eligibility requirements for CSPA (see above
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