标题: 2011年1月31日美国发布的电视电话会议关于排期到退后的儿童保护法内容 [打印本页] 作者: litha1227 时间: 2011-8-13 13:38 标题: 2011年1月31日美国发布的电视电话会议关于排期到退后的儿童保护法内容 Visa Retrogression and CSPA Beneficiaries
Mr. Wheeler noted that while the Visa Bulletin moves in both directions, most countries experienced visa retrogression in January and February 2011. He explained that children under 21 who filed for adjustment of status when they were current in the 2A category may find themselves ineligible to adjust due to visa retrogression. The National Benefits Center (NBC) follows a policy of holding onto the adjustment applications in those cases and adjudicating the case or rescheduling the adjustment interviews once the 2A visa category becomes current again. If the applicant attempts to file when the visa has retrogressed and is no longer available, the NBC will reject the application. Mr. Wheeler stated the NVC will not schedule the visa interview until the visa is available, and will suspend processing if the visa has retrogressed and is no longer current. Visa retrogression affects both the adjusted age calculation and the one year filing requirement.
Mr. Wheeler highlighted three categories of applicants affected by visa retrogression that may be interested in seeking CSPA coverage:
Applicant has waited more than one year to seek LPR status after the visa became available, and then the visa retrogresses. That child may not take advantage of the CSPA and visa retrogression is essentially irrelevant.
Applicant is under 21 using his or her adjusted age and then filed for adjustment of status during the one-year window before visa retrogression. The subsequent visa retrogression will not affect that child; his or her 2A status is locked in. It does not matter when the visa becomes available again or how long it takes to complete the adjustment process. The same outcome should occur if the visa retrogressed before the child filed for adjustment, but then became available again during that initial one-year window and the child filed for adjustment before the end of that one year.
Applicant is under 21 using the adjusted age delays filing for adjustment of status and the visa retrogresses, preventing the child from filing before the one year period has passed. In that case, USCIS calculates the applicant’s age using CSPA principles on the date the visa becomes available the second time. If the child is under 21 on that date, he or she has one year from that date to seek LPR status (file for adjustment of status, an immigrant visa, or an I-824 under the agencies’ current interpretations). Thus, a second one year window opens up on the date the priority date becomes current again, but the applicant’s CSPA age is calculated on that date, not on the date the 2A category first became current.
Mr. Wheeler detailed additional interpretations, including (1) the one year clock does not begin to run until the visa becomes available the second time. In other words, if the visa retrogressed before the one-year period had run, then the child would be provided a second one-year period when the visa became current again. This is similar to the current USCIS interpretation, only without the CSPA age calculation on the date the visa subsequently becomes available; and (2) visa retrogression merely tolls the running of the one year period, and it begins where it left off once the visa becomes available the second time.
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