see what i got from the child protection act:

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