I 824 approved but have concern

Old Aug 12th 2004, 10:00 am
  #1  
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Default I 824 approved but have concern

Hi,

My son has been approved as a follow to join and seems covered by CSPA as Texas has approved and cable sent to US consulate in home country


Is it possible at interview consulate may think this is a mistake and send back for re-vocation.?

The reason I say this is because I sent 2 e-mails one to TSC and one to American consulate to ask "Is son protected by CSPA"

Texas said "son has aged out as no I 485 was filed for him"
Consulate said "son has aged out due to the patriot act section 424"

Now Texas has approved I 824 ????????????????

I know Texas was wrong in their reply as no I 485 can be sent for son as he was resident in the UK- Should send I 824 (which we did)

Can consulate return for re-vocation? and if this happens can I appeal?

Regards Sue

Last edited by susan ward; Aug 12th 2004 at 10:10 am.
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Old Aug 13th 2004, 8:01 am
  #2  
Sylvia Ottemoeller
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Default Re: I 824 approved but have concern

"susan ward" <[email protected]> wrote in message
news:[email protected] m...

    > My son has been approved as a follow to join and seems covered by CSPA
    > as Texas has approved and cable sent to US consulate in home country

    > Is it possible at interview consulate may think this is a mistake and
    > send back for re-vocation.?

I don't think the consular post would do that at the interview. It would
happen before that, if it were to happen. The interview will only be
scheduled if the consular post agrees that your son is covered by CSPA.

    > The reason I say this is because I sent 2 e-mails one to TSC and one to
    > American consulate to ask "Is son protected by CSPA"
    > Texas said "son has aged out as no I 485 was filed for him"
    > Consulate said "son has aged out due to the patriot act section 424"

    > Now Texas has approved I 824 ????????????????
    > I know Texas was wrong in their reply as no I 485 can be sent for son as
    > he was resident in the UK- Should send I 824 (which we did)

    > Can consulate return for re-vocation? and if this happens can I appeal?

You might consider consulting with a really good immigration attorney. The
attorney can prepare materials to go with the application package that claim
eligibility for CSPA and go into the details.

I think the question of your son's eligibility is a bit murky. See CSPA
itself, at
http://uscis.gov/lpBin/lpext.dll/ins...ublaw-pl107208.

_________________

SEC. 8. EFFECTIVE DATE.

The amendments made by this Act shall take effect on the date of the
enactment of this Act and shall apply to any alien who is a derivative
beneficiary or any other beneficiary of--

(1) a petition for classification under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) approved before such date but only if a
final determination has not been made on the beneficiary's application for
an immigrant visa or adjustment of status to lawful permanent residence
pursuant to such approved petition;

(2) a petition for classification under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) pending on or after such date; or

(3) an application pending before the Department of Justice or the
Department of State on or after such date.

__________________

Now, your son turned 21 before CSPA was enacted, so he needs to qualify
under 1, 2, or 3. For 1, the I-140 petition was approved before August 6,
2002, the date of enactment. A final determination had not been made on
your son's application for an immigrant visa, but that's because he *had not
even filed* such an application because he couldn't. (The I-824 had to be
filed and approved first.)

For a person fully eligible for CSPA, that is, who turned 21 after August 6,
2002, the regulations require that the person have "sought to acquire"
permanent resident status within one year of immigrant visa number
availability.

"... (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."

The immigrant visa number for your son became available on the day of filing
the I-140, because none of the employment-based categories were backlogged,
so a visa number was immediately available. Hypothetically, USCIS could
have approved the I-140 the day it received it, and a visa number would have
been available.

So, I think your son may have to do some arguing. This is not
straightforward.

Also, I don't think it would be overly cautious for you and your husband to
file I-130s to classify him in Family 2B as soon as possible, to establish a
priority date, and also become U.S. citizens ASAP so he can qualify in
Family 1.
 
Old Aug 20th 2004, 8:01 am
  #3  
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Default Re: I 824 approved but have concern

Hi and thanks for your reply

Husbands I 140 was approved in may 2001 before sons birthday
his I 485 was submitted before sons 21st

This was approved April 2004 after sons 21st

The first I 824 was submitted before he was 21 and no decision until Oct 2002 so this was pending at the CSPA brought into law. The Oct notice of deniel for sons I 824 said to submit new I 824 once husbands I 485 was approved

So sent new I 824 for son on I 485 approvel and new I 824 was approved


It appears Texas errored in working the I 824 too early and got separated from file

Do you think son is protected?

Regards Sue
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Old Oct 13th 2004, 1:12 pm
  #4  
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Default Re: I 824 approved but have concern

[QUOTE=susan ward]Hi and thanks for your reply

If London thinks son has aged out, will his case automatically convert to another type of case???????? Or will we need to submit any forms??????


And will he keep the priority date of when my husband got approved for I 140 or Green card????????

Still waiting for any sort of letter from the consulate. Cable for I 824 approval was sent on 11th Aug 04. Is this normally this long before you hear???????


Help!!!!!!!!!
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