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Old 01-09-2012, 07:26 PM
sungeoakam sungeoakam is offline
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Join Date: Jan 2012
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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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