JT1

Guys - brief history:

Family of 4 came over on H1B (husband) in Sept 2003, kids then 15 (son) and 13 (daughter). In 2006 we started the GC process just before the new PERM regulations came into effect - through an error on our attorney's part, we filed after the regulations came into effect as (opposed to before). Now it's Sept 2009 and what should have taken 45 days is still ongoing and guess what, our 15 year old is now 21! So, what options do we have? Me, my daughter (now 19) and husband are ok for now - I really, really, really do not want to send my son back to a country he doesn't know.

I should say that the DOL have made several mistakes, including losing our application for a year and then putting it to the bottom of the pile! I've tried writing to Senators and even the President - no luck at all. We're still in appeal with the DOL with no date in site for an answer and even if we get the answer the want, will that cover the 21 year old?

Thanks in advance. JT

Zonie

Hi JT

Are you aware of the Child Status Protection Act? If you are I apologise in advance. I really don't know if it is applicable in your case as I'm not sure what you mean by "started the GC process". We used it on an I-140 petition from the UK and my son was 22 by the time we arrived in the USA.

JT1

Zonie - thanks for this, I'll mention this to our attorney. Not sure if my son will fit in this category as we're still wading through the labor certification at the moment, is this counted as part of "applying for a visa" I wonder. JT

meauxna

Here you go, have fun!

Child Status Protection Act (CSPA)

* CSPA allows the time a visa petition was pending to be subtracted from the beneficiary’s biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

The employment petition is I-140. It's filed after the Labor Cert.

JT1

and as everything is still with the DOL, it looks like the Act won't work for us. The instructions on the DOL's FAQ are sadly very blunt and to the point, one sentence says it all which roughly translates to "tough". I'm sure they have their reasons for being exempt, what they may be only the Devil knows.
Is this length of time to get through Labor Certification normal or have we just been spectacularly unlucky?

What's Canada like?

Zonie

Unfortunately I think you are correct that the CSPA won’t help you. Its purpose is to cater for problems caused by USCIS delays and as you are not dealing directly with them it follows that it is not applicable.

As for Labor Certification timescales I can’t help as we didn’t have to deal with the DOL. Hopefully someone else can provide you with that information.

I wish you luck.