longwait4gc Posted November 4, 2011 Report Share Posted November 4, 2011 Dear Attorneys and Forum members, Is it possible to include Beneficiary who is protected under CSPA in old I485 petition (EB3), a in a new EB2 approved petition? The child is over 21 by the time new EB2 for parent is approved. Is this beneficiary eligible for upgrade? In other words, can we interfile to claim with new EB2 I140 with this beneficiary's with old Priority Date? Thanks in advance Link to comment
Attorney_15 Posted November 7, 2011 Report Share Posted November 7, 2011 The law remains unclear on whether such a feat is possible. Based on the language of the CSPA and USCIS's inclination to limit CSPA benefits as much as is possible, it is quite possible that one could lose enjoyment of a CSPA benefit under a different I-140 petition. It is wise to consult with an attorney for specific legal advice on how one should proceed in one's own case. Link to comment
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