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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10898
Experience:  Write FOR JAMES to get my help!
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My mother was principle beneficiary of visa petition filed

Customer Question

Hello my mother was principle beneficiary of visa petition filed by my uncle which was approved by NVC on January 6 2010. At that time I was less than 21 years and unmarried. But due to some delays in processing of applications by NVC we received welcome letter in 2015, by the time I got married. Do provisions of CSPA allow me to take benefits of case applied or not?
Submitted: 27 days ago.
Category: Immigration Law
Expert:  Expert James replied 27 days ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me a few minutes to review your question and prepare a response.

Expert:  Expert James replied 27 days ago.

I will need the following information:

The priority date of the I-130

Your birth date

The date the visa became available (when was your priority date current?)

The date the I-130 petition was approved by the USCIS , not the NVC.

Customer: replied 27 days ago.
Priority date of I- 130 is November 18 2002. Date of Birth is December 27 1989.
My mother got visa on October 18 2016. The petition was approved by USCIS on January 6 2010.
Expert:  Expert James replied 27 days ago.

I am not asking when your mother got the visa. I am asking you when the visa became available (i.e., when the priority date became current).

If you give me the nationality, I can find that information. But it will take some time to do so.

Customer: replied 27 days ago.
I am not very sure about the question asked. My nationality is Indian. You please find on your own. I shall wait for your reply.
Expert:  Expert James replied 27 days ago.

OK, thank you very much.

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. So please do not give me a negative rating for an answer you did not expect or like. Thank you for your understanding.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

ANSWER: Unfortunately, I see a few issues. First, the CSPA requires you to "seek to acquire" the benefit within 1 year of the benefit becoming available. In this case, the visa became available in August 2015. We are now in November 2016. Therefore, you did not seek to acquire the benefit within 1 year of it becoming available.

Second, the marriage would he precluded you from being considered a :child" for these purposes, as you would have had to remain unmarried to get the benefit.

Unfortunately, due to those two issues, you are not eligible for protection under the CSPA.

I'm very sorry to be the messenger of bad news; I wish I were not. But please do not hold it against me, as I do not make the rules. I am just here to provide you with information.

I hope I have answered your questions. Please help me get credit for doing my job, by giving me a positive rating of 4 or 5 stars or any of the smiling faces. If you still have more questions, you can ask them even after you’ve given a rating.

I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

A BONUS is also appreciated if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 26 days ago.
Hi James
Sorry for late reply, but I have a question than. Under which provision or law I can still pursue with my immigration petition?
Please guide.
Expert:  Expert James replied 26 days ago.

This is a new question. Unfortunately, that means you have to post it to a new thread. I wish I could get around that, but the rules of this site require you to post the new question to a new thread. So let's finish the first question with a positive rating, and then you can post your new question to a new thread. Make sure to write FOR JAMES in the body of the question, to ensure that I am the attorney who assists you.

Customer: replied 26 days ago.
I have already given you the rating.But new thread means I need to pay again?
Expert:  Expert James replied 26 days ago.


No rating has been issued. You need to actually click on the number of stars when they appear. OR any of the smiling faces when they appear.

Customer: replied 26 days ago.
But James my question is still not answered, under which provision than I may pursue my case? This is related to my case only and should not be treated as a new question. Please reply..
Expert:  Expert James replied 26 days ago.


I do not make these rules. Your original question was about marriage and the CSPA. I answered that for you.

Now you are asking how else you can immigrate. That is a different question.

I wish I could oblige your request, but the rules of this site do not permit me to do that.

Expert:  Expert James replied 26 days ago.

Your specific question was, "Do provisions of CSPA allow me to take benefits of case applied or not?" I answer that it is not possible, and I answered why it is not possible.

Now you are asking under what provision in the law you can pursue your case. Your original case cannot be pursued. That is why this is a different and new question.

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