"Derivative Beneficiaries – Family and Employment-Based . In addition to the direct beneficiary family-based preference category examples provided above, section 3 of the CSPA also applies to derivative beneficiaries in both family-based and employment-based preference categories. the beneficiary’s age is to be calculated by first determining the age of the alien on the date that a visa number becomes available. "
1. "The date that a visa number becomes available is the approval date of the immigrant petition if, according to the DOS Visa Bulletin, a visa number was already available for that preference category on that date of approval. "
That means, when visa number was already available on the date of approval of I-140, Form I-824 should be filed with one year after I-140 is approved, right? (of course , assumed that the kid is under 21 years when visa number was available.)
2. "If, upon approval of the immigrant petition, a visa number was not available, then the date for determining age is to be the first day of the month of the DOS Visa Bulletin wh ich indicates availability of a visa for that preference category. From that age, subtract the number of days that the petition was pending, provided the beneficiary files a Form I-485, based on the subject petition, within one year of such visa availability. "
My question is: a. why beneficiary has to file I-485 within one year of
such visa availability?
b.if the beneficiary cannot file I-485(of course, the
beneficiary is under 21 years), what form can replace it
in the fucntion of protecting child age? it is the form
form I-824? If it is, I-824 should be filed withon one
year of the date when visa numer is available?
3. "Note: An alien may benefit from section 3 of the CSPA if the alien “sought to acquire” the status of an LPR within one year of visa number availability. The filing of the Form I-485 within one year of the immigration petition approval date (or visa becoming available subsequent to petition approval date, whichever is later) has been determined to meet that definition. "
for example, if my i-140 was approved on 10/1/2006, but the visa number was available on 7/1/2007, then the date to determine the age is the date of 7/1/2007 instead of 10/1/2006, right?
4. " Visa Availability Date Regression . If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, USCIS should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. "
"If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using th e subsequent visa availability date. "
for example, if my priority date on my I-140 is 4/1/2006, but I did not file form 485 when the visa numbe was available on 7/1/2007, then the visa numnber availability was regressed to 4/22/2006. then assumbed that the the visa number is available again on 1/1/2008. then:
a. the date to determine the age is 1/1/2008, right?
b. when should I-824 be filed if in case the beneficiary cannot
file 485? within one year of 1/1/2008?
please do carefully read it and give me ur kind help