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UNITE FAMILIES, DON'T BREAK THEM. Allow aged-out derivative beneficiaries of FB3/FB4 to retain parents old prIority date

Created by H.J. on April 22, 2015

Challenge unjust Supreme Court ruling on CSPA

F3 (married sons/daughters of US citizens) and F4 (brothers/sisters of US citizens). Once a visa becomes available, the child who turns 21 ages-out and can no longer join the parents as derivative beneficiaries.Under CSPA, when a visa number becomes available, the amount of time the petition was pending before the USCIS is deducted from the child’s actual age.

If the adjusted age of the child is under 21, the child may join the parents as derivative beneficiary.If not, the petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.

This way the aged-out child won’t have to go to the back of the line for a new family-based preference

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