CSPA question

[krisahmiah 0]

Hi,to all

My father was petition by my uncle last dec 18, 1984 and my older sister (5 years old at that time) was included in that petition as derivative.

In Sept, 7.2001, The National Visa center in Porthsmouth NH sent a letter that my older sister is not included in the petition because she age out as a derivative.

The priority date becomes current last May 14, 2007. And the visa interview took place last September 10, 2007 and visa issued last September 14, 2007 to my father and minor siblings.

My question is this, Can my older sister still can avail for CSPA?

date petition filed:18 Dec 1984

date of approval of petition:18 dec 1984

Petition becomes current;May 14, 2007

Age of my older sister now: 28 years old.

I need your help.I hope that she can still avail for CSPA?

waiting for your response.Thank you.

[krisahmiah 0]

and she is still single

[Sanjiv Patel 13]

krisahmiah,

I hate to break the news, but she is not eligible under CSPA. You can read up more here at South Korean US Embassy on calculation of CSPA age: http://seoul.usembassy.gov/child_protection_act2.html

Some important excerpt from this site is below and the one that excludes your sister from getting benefit is highlighted in bold:

Who is eligible for the Child Status Protection Act (CSPA)?

The CSPA may apply to any immigrant visa application in cases in which:

1. The immigrant petition was approved on or after 8/16/2002.
2. If the immigrant petition was approved before 8/6/2002:

3. The alien aged out on or after 8/6/2002; or
4. If the alien aged out before 8/6/2002, the alien was refused a visa under 221(g) between 8/6/2001 and 8/5/2002.

5. For immigrant visa preference (family or emplyment-based) applications, the calculated alien's age using the age formula below is under 21.
6. For IR2 immigrant visa applications, age is determined using the age of the child on the date the immigrant petition was filed.