My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.

but i have a valid point mentioned after the follwing subject. please check if the point is valid.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775

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If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to

follow-to-join, then the date on which the derivative will be considered to have sought LPR status for

purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the

derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to

join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted

in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary

within one year of a visa becoming available (i.e., within one year of the case becoming current or petition

approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens

adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the

I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )

I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?

I checked the visa bulletin from august 2003 to the dates when it was current for our category E3.

I have found this point please have a look and determine if there is a chance?

VISA WAS AVAILABLE FROM AUGUST 2003 TO JUNE 2005.
ACC TO LAW FORM i-824 SHOULD BE FILED WITHIN 1 YEAR OF VISA AVAILIABILITY.
SINCE THE I-824 WAS FILED ON AUGUST 2005 WHICH COMES WITHIN ONE YEAR FROM THE DATE

JUNE 2005. SO IS IT A VALID POINT TO BE ELEGIBLE TO PROCESSED UNDER CSPA?

ALSO
A 221(g) refusal will not be considered a "final determination," regardless of whether it occurred within

a year of August 6, 2002 or earlier. (The only exception to this would be if the alien's case was ultimately

terminated under INA 203(g) for failure to make reasonable efforts to overcome to 221(g) refusal. A

203(g) termination will be considered a "final determination.")


AND VISA AVAILIBLITY IS THE DATE WHEN THE PRIORITY DATES BECAME CURRENT OR THE DATE WHEN I-140 WAS APPROVED.

WITH this OR option in above line we can also consider the visa availibity date as the date when priority dates were current

Please correct me.