By: CRISPIN LOZANO
Question: What are the basic changes in the interpretation of the CSPA by USCIS?
Answer: The changes are:
1. It permits individuals who were ineligible under the prior policy to file a new application for permanent resident.
2. It also permits those individuals who were previously denied for CSPA to file motions to reopen without filing fee.
Question: What are examples of the changes in the CSPA that will be of benefit to beneficiaries and derivatives?
Answer: The following are the examples:
Example 1. No pending petition or application on 08/06/2002.
Pablo, a permanent resident, filed an immigrant visa for son Sony when he was 20 years of age and was approved before August 6, 2002. At that time USCIS determined that CSPA did not apply because Sony has no pending I-485 application as of August 6, 2002. Based on the new guideline Sony may file an I-485 adjustment of status or green card at the U. S. consulate as if it had been filed within one year of visa availability.
Example 2. Initially filed F-2A and Beneficiary did not file within one year.
Petra filed an immigrant petition for Sonia when she was 20 years of age. Petra naturalized after Sonia became 21 years. Based on prior guidance Sonia could not benefit under CSPA because she was initially filed under F-2A. Sonia did not file for green card because she was not qualified. Under the current guideline for CSPA Sonia may apply for green card even if she did not file I-485 within one year of visa availability.
Example 3. Derivative or dependent of Principal Beneficiary
Princes is the principal beneficiary of an I-140 petition filed by her employer. When the petition was filed Derek, her son, was 20 years and the visa is available. It took USCIS five years to approve the petition. Immediately after approval of the petition, Princes filed for adjustment of status. Derek can benefit from CSPA even though he is already 26 years of age because the one year filing requirement starts when the USCIS approved the I-140 petition.
Immigration News
1. Arizona immigration law is just the start of States legislating on immigration. It is time to work on your papers now.
2. We have just received approval from Administrative Appeals Office of I-601 Waiver for an applicant entered with an assumed name.
3. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
4. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
5. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
6. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.
Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
Question: What are the basic changes in the interpretation of the CSPA by USCIS?
Answer: The changes are:
1. It permits individuals who were ineligible under the prior policy to file a new application for permanent resident.
2. It also permits those individuals who were previously denied for CSPA to file motions to reopen without filing fee.
Question: What are examples of the changes in the CSPA that will be of benefit to beneficiaries and derivatives?
Answer: The following are the examples:
Example 1. No pending petition or application on 08/06/2002.
Pablo, a permanent resident, filed an immigrant visa for son Sony when he was 20 years of age and was approved before August 6, 2002. At that time USCIS determined that CSPA did not apply because Sony has no pending I-485 application as of August 6, 2002. Based on the new guideline Sony may file an I-485 adjustment of status or green card at the U. S. consulate as if it had been filed within one year of visa availability.
Example 2. Initially filed F-2A and Beneficiary did not file within one year.
Petra filed an immigrant petition for Sonia when she was 20 years of age. Petra naturalized after Sonia became 21 years. Based on prior guidance Sonia could not benefit under CSPA because she was initially filed under F-2A. Sonia did not file for green card because she was not qualified. Under the current guideline for CSPA Sonia may apply for green card even if she did not file I-485 within one year of visa availability.
Example 3. Derivative or dependent of Principal Beneficiary
Princes is the principal beneficiary of an I-140 petition filed by her employer. When the petition was filed Derek, her son, was 20 years and the visa is available. It took USCIS five years to approve the petition. Immediately after approval of the petition, Princes filed for adjustment of status. Derek can benefit from CSPA even though he is already 26 years of age because the one year filing requirement starts when the USCIS approved the I-140 petition.
Immigration News
1. Arizona immigration law is just the start of States legislating on immigration. It is time to work on your papers now.
2. We have just received approval from Administrative Appeals Office of I-601 Waiver for an applicant entered with an assumed name.
3. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
4. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
5. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
6. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.
Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
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