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Attorney_23

Child Status Protection Act (CSPA)

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This week, Murthy Law Firm attorneys will answer questions regarding the Child Status Protection Act (CSPA).

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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Hi, I have a question regarding CSPA. I was my father's dependent for immigration purposes when he filed for his adjustment of status 10 years ago. I was under 21 at the time. My AP and EAD were approved, but I voluntarily withdrew my I-485 application because I traveled out of the country before receiving the AP approval (because I was attending school in Canada). My attorney at the time mentioned that I can keep my priority date when we later file (under CSPA).

Now, I'm in USA again on H1B visa. I am on EB3 with a priority date of Feb 2013. Is it possible for me to use the priority date from my dad's filing for my EB petition? Or can a family based petition be filed again on my behalf with the original priority date? My dad is now a citizen.

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On 6/12/2018 at 1:32 PM, slpnw1 said:

Hi, I have a question regarding CSPA. I was my father's dependent for immigration purposes when he filed for his adjustment of status 10 years ago. I was under 21 at the time. My AP and EAD were approved, but I voluntarily withdrew my I-485 application because I traveled out of the country before receiving the AP approval (because I was attending school in Canada). My attorney at the time mentioned that I can keep my priority date when we later file (under CSPA).

Now, I'm in USA again on H1B visa. I am on EB3 with a priority date of Feb 2013. Is it possible for me to use the priority date from my dad's filing for my EB petition? Or can a family based petition be filed again on my behalf with the original priority date? My dad is now a citizen.

It is best to discuss your situation over the phone with one of our attorneys. When scheduling have the dates available for the actions that took place and the processing time of the I-140. 

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