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CSPA and VB retrogression
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njin1
6/22/2013 7:39:35 PM
Total Posts: 19
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Hi Amazon, you are so great!! I love your answers because they are so encouraging and very accurate! but my case is a little bit complicated because it has something to do with CSPA. my birthday was 05/05/1992 (just turned 21 but at the time of filing i 130, i was still 20) and my priority date is 10/01/2012(age of 20). I filed my i 130 under vermont service center but later i moved to California and changed my address.(i received my NOA1 and since then, the case status on the uscis website showed that i ve changed my address and is currently under initial review. ) My concern is: 1. since the VB might be retrogressed back to 2012 , can i file my i 485 on August 1st? When the VB retrogress, is my i 485 still processing or put on hold? or will they reject it and send it back to me? (I am assuming i can file i 485 with i 130 pending, right??) 2. about CSPA, should I notify the immigration center about this ? file a separate form? or just wait for a notice from them once they figured that I am qualified? if I need to wait for a notice, should i still go ahead and file my i 485 when VB current? when will the notice come in mail?? Thanks so much Amazon!!!
Amazon
6/23/2013 2:59:42 AM
Total Posts: 591
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[quote=jane;1093] Hi Amazon, you are so great!! I love your answers because they are so encouraging and very accurate! [/quote] Thank you for the kind words Jane [biggrin] [quote] 1. since the VB might be retrogressed back to 2012 , can i file my i 485 on August 1st? [/quote] Yes, if your PD is current in Aug VB, you can file I-485 on Aug 1. [quote] When the VB retrogress, is my i 485 still processing or put on hold? or will they reject it and send it back to me? [/quote] Whether they process it or put on hold would depends on the workload of USCIS service centers. Their first priority is to work on cases which are current. If they have time they will continue to work on I-485 applications whose PD is retrogressed. They will NOT reject application just because dates have retrogressed. [quote] (I am assuming i can file i 485 with i 130 pending, right??) [/quote] Yes, you can file I-485 even though I-130 is pending. USCIS allows concurrent I-130/I-485 filing. [quote] 2. about CSPA, should I notify the immigration center about this ? file a separate form? or just wait for a notice from them once they figured that I am qualified? if I need to wait for a notice, should i still go ahead and file my i 485 when VB current? when will the notice come in mail?? Thanks so much Amazon!!! [/quote] I am not very familiar with CSPA laws. I would recommend calling USCIS to confirm or talking to good lawyer about this. Please feel free to post any more questions.
Amazon
6/29/2013 5:20:04 AM
Total Posts: 591
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Hi Jane, I have added a blog post exclusive to CSPA. Please see the link below: http://blog.mygcvisa.com/2013/06/child-status-protection-act-cspa.html


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