and retrograded in FEB 2011. derivatives were eligible under CSPA when PD was current and they would be eligible till sep 2011 if date was still current. but in feb 2011 PD retrograded and soon after retrograde they filed for I-485 as they are in usa and mom is in home country and did not get the interview date till now due to retrogression. so are those children still eligible under CSPA when PD becomes available second time?
If their Adjustment of Status applications have been filed, yes. Your facts, however, do not indicate whether this is the case, as you state that they were filed after the retrogression. If so, USCIS will reject them, and they will need to wait until their priority dates become current again in order to see whether they qualify for CSPA.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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