Child Aging Out? CSPA may help

[Sanjiv Patel 13]

Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.

Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:

_{Mod note: links removed as old and became inactive. There is still a lot of useful info in the thread as a whole, please do read through it.}

Good Luck.

Edited September 9, 2016 by Penguin_ie

[Sanjiv Patel 13]

Even though CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.

Here is a link to an article that talks about this:

http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . where an alien child is a derivative beneficiary under a principal beneficiary of any preference petition, and is determined to be 21 years of age or older and has therefore become ineligible for the benefit of § 203(h)(1), he or she may nonetheless be eligible for retaining the earlier priority date of the original petition that enabled the original principal beneficiary become a lawful permanent resident.

The principal beneficiary may then file a relative petition for the derivative beneficiary who would then fall under the second preference category as an unmarried son or daughter of the principal beneficiary. . ."

Another good source of information on CSPA:

http://www.tancincolaw.com/tancinco_subidx...co2004626105042

[diadromous mermaid 36]

Thank you for this information. I think it should also be posted in the "Bringing Family Members" forum as well.

[NArocks 13]

You are wonderful Person, this is the most confusing law however by reading the links I am understanding it better for my 18yr Step Son.

Thanks SO SO MUCH

[NArocks 13]

CAN WE GET THIS PINNED IN THE BRINGING FAMILY MEMBERS FORUM? PLEASEEEEEEEEEEEEEEEE

[NArocks 13]

Thanks for moving the topic

[NArocks 13]

Addtional Update to this from USCIS see link

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[brazilianmom 0]

Hello I am new to this site.I got this site from a co-worker. But I have been waiting for a visa number for my step-son from Brazil. It has been almost three years now and still waiting. Can anyone give me any info about what I should do from here. Thanks

[NArocks 13]

Hello I am new to this site.I got this site from a co-worker. But I have been waiting for a visa number for my step-son from Brazil. It has been almost three years now and still waiting. Can anyone give me any info about what I should do from here. Thanks

As I asked here we need a little more information to be able to better see how we can assist and help you in this process

http://www.visajourney.com/forums/index.php?showtopic=156899

[aaron2020 11,651]

Found this on the internet. Useful primer for CSPA.

http://www.aila.org/Content/default.aspx?docid=29048

[-mitch- 3]

hi,

a very close family friend came to US last april 2006 but just the couple... they got to leave their 2 kids in the philippines since they already aged out... and heres the case... the dad was being petitioned back in 1993 by his US citizen father that is here in the US. around 2005 their papers started coming in with the kids' names on the documents... joseph which is the eldest was already 24 when their petition was currect and marie turned 21 few month before the interview...

when their interview date letter arrived, marie's name was still included.. so marie went to all the medical and interview process with her parents which she passed all the test! when they picked up the VISA 3 days later.. they were told that marie's name is not included in the Visa since she already age out and already turned 21... visa are just available for the parents! now auntie Lorna and uncle Orlando is been here in the US since april 2006 and didnt know about CSPA at all.

now, i dont want to give both of them false hopes till i refer it to you guys.... are the kids compatible for CSPA regulations?? marie was 8yrs old when the petition was filed and im guessing Joseph was 11.

if there still hope for the kids to come over what is the first step to do??? or do we need to get a lawyer to process all these?

i know VJ family is more than a lawyer.... and its even totally free... pls...help us in anyway about this case.. we can all relate how to be away for our loved ones... and if they have a chance, why not... thank you very much and looking forward for anykind of help

[NArocks 13]

Mitch there is a CSPA calcualtor, you will need information as far as how long the petiton took to get approved. Also Member AARON2020 is a very good source for this INFO . Open the file here in the pinned topic, if it is not here then it is pinned in bringing family members of citizens also.

Edited August 10, 2009 by NArocks

[aaron2020 11,651]

hi,

a very close family friend came to US last april 2006 but just the couple... they got to leave their 2 kids in the philippines since they already aged out... and heres the case... the dad was being petitioned back in 1993 by his US citizen father that is here in the US. around 2005 their papers started coming in with the kids' names on the documents... joseph which is the eldest was already 24 when their petition was currect and marie turned 21 few month before the interview...

when their interview date letter arrived, marie's name was still included.. so marie went to all the medical and interview process with her parents which she passed all the test! when they picked up the VISA 3 days later.. they were told that marie's name is not included in the Visa since she already age out and already turned 21... visa are just available for the parents! now auntie Lorna and uncle Orlando is been here in the US since april 2006 and didnt know about CSPA at all.

now, i dont want to give both of them false hopes till i refer it to you guys.... are the kids compatible for CSPA regulations?? marie was 8yrs old when the petition was filed and im guessing Joseph was 11.

if there still hope for the kids to come over what is the first step to do??? or do we need to get a lawyer to process all these?

i know VJ family is more than a lawyer.... and its even totally free... pls...help us in anyway about this case.. we can all relate how to be away for our loved ones... and if they have a chance, why not... thank you very much and looking forward for anykind of help

A good lawyer may be needed in this case.

My opinion is based on the facts that you have presented is that CSPA will not apply in this case. Even though Marie may have been able to benefit from CSPA at one point (depending on her CSPA age calculation AND her being unmarried), she is not longer covered because a beneficiary must attempt to adjust his/her status within a year of the priority date becoming current. Generally, this means a separate DS-230 for the child. I don't know if there was any official paperwork on Marie. Listing her on dad and mom's DS-230 does not count as an attempt to adjust.

Your facts are incomplete and probably difficult to ascertain on an online forum. Your best bet will be to contact a qualified immigration lawyer.

Navigating the immigration process can be tricky, and I would suggest that people do not attempt to do when there are beneficiaries who may age out. The potential risk for not getting a visa is too great in light of the money it would take to retain a lawyer.

[-mitch- 3]

hi,

a very close family friend came to US last april 2006 but just the couple... they got to leave their 2 kids in the philippines since they already aged out... and heres the case... the dad was being petitioned back in 1993 by his US citizen father that is here in the US. around 2005 their papers started coming in with the kids' names on the documents... joseph which is the eldest was already 24 when their petition was currect and marie turned 21 few month before the interview...

when their interview date letter arrived, marie's name was still included.. so marie went to all the medical and interview process with her parents which she passed all the test! when they picked up the VISA 3 days later.. they were told that marie's name is not included in the Visa since she already age out and already turned 21... visa are just available for the parents! now auntie Lorna and uncle Orlando is been here in the US since april 2006 and didnt know about CSPA at all.

now, i dont want to give both of them false hopes till i refer it to you guys.... are the kids compatible for CSPA regulations?? marie was 8yrs old when the petition was filed and im guessing Joseph was 11.

if there still hope for the kids to come over what is the first step to do??? or do we need to get a lawyer to process all these?

i know VJ family is more than a lawyer.... and its even totally free... pls...help us in anyway about this case.. we can all relate how to be away for our loved ones... and if they have a chance, why not... thank you very much and looking forward for anykind of help

A good lawyer may be needed in this case.

My opinion is based on the facts that you have presented is that CSPA will not apply in this case. Even though Marie may have been able to benefit from CSPA at one point (depending on her CSPA age calculation AND her being unmarried), she is not longer covered because a beneficiary must attempt to adjust his/her status within a year of the priority date becoming current. Generally, this means a separate DS-230 for the child. I don't know if there was any official paperwork on Marie. Listing her on dad and mom's DS-230 does not count as an attempt to adjust.

Your facts are incomplete and probably difficult to ascertain on an online forum. Your best bet will be to contact a qualified immigration lawyer.

Navigating the immigration process can be tricky, and I would suggest that people do not attempt to do when there are beneficiaries who may age out. The potential risk for not getting a visa is too great in light of the money it would take to retain a lawyer.

>>> What official paperwork for marie are you referring to? as what i stated that marie was included in the entire process except she was included in the visa when they got it.

>>> what you mean by listing her on mom and dad's DS-230? they didnt tried to do something about it since they dont know that CSPA existed at all so theres no adjustment that was done.

well, to make the story short, Marie was very young when the petition was filed? and she aged out months before they had their interview... so mom and dad are the only ones that made it here in the US.

so you suggest we have to get a lawyer?

[aaron2020 11,651]

hi,

a very close family friend came to US last april 2006 but just the couple... they got to leave their 2 kids in the philippines since they already aged out... and heres the case... the dad was being petitioned back in 1993 by his US citizen father that is here in the US. around 2005 their papers started coming in with the kids' names on the documents... joseph which is the eldest was already 24 when their petition was currect and marie turned 21 few month before the interview...

when their interview date letter arrived, marie's name was still included.. so marie went to all the medical and interview process with her parents which she passed all the test! when they picked up the VISA 3 days later.. they were told that marie's name is not included in the Visa since she already age out and already turned 21... visa are just available for the parents! now auntie Lorna and uncle Orlando is been here in the US since april 2006 and didnt know about CSPA at all.

now, i dont want to give both of them false hopes till i refer it to you guys.... are the kids compatible for CSPA regulations?? marie was 8yrs old when the petition was filed and im guessing Joseph was 11.

if there still hope for the kids to come over what is the first step to do??? or do we need to get a lawyer to process all these?

i know VJ family is more than a lawyer.... and its even totally free... pls...help us in anyway about this case.. we can all relate how to be away for our loved ones... and if they have a chance, why not... thank you very much and looking forward for anykind of help

A good lawyer may be needed in this case.

My opinion is based on the facts that you have presented is that CSPA will not apply in this case. Even though Marie may have been able to benefit from CSPA at one point (depending on her CSPA age calculation AND her being unmarried), she is not longer covered because a beneficiary must attempt to adjust his/her status within a year of the priority date becoming current. Generally, this means a separate DS-230 for the child. I don't know if there was any official paperwork on Marie. Listing her on dad and mom's DS-230 does not count as an attempt to adjust.

Your facts are incomplete and probably difficult to ascertain on an online forum. Your best bet will be to contact a qualified immigration lawyer.

Navigating the immigration process can be tricky, and I would suggest that people do not attempt to do when there are beneficiaries who may age out. The potential risk for not getting a visa is too great in light of the money it would take to retain a lawyer.

>>> What official paperwork for marie are you referring to? as what i stated that marie was included in the entire process except she was included in the visa when they got it.

>>> what you mean by listing her on mom and dad's DS-230? they didnt tried to do something about it since they dont know that CSPA existed at all so theres no adjustment that was done.

well, to make the story short, Marie was very young when the petition was filed? and she aged out months before they had their interview... so mom and dad are the only ones that made it here in the US.

so you suggest we have to get a lawyer?

Go see a lawyer. I expect that he/she will tell you that CSPA will not apply because Marie did not attempt to adjust her status within a year of the PD becoming current. If you don't understand this then you will need a lawyer's help. The DS-230 is the Immigration Visa Application. Each member must file his/her own DS-230. For example; a family of four would need four DS-230 - one for each member. All other members are listed on each DS-230. It doesn't matter if someone is listed. To benefit from CSPA, the aged out individual must have his/her own DS-230. If one was not filed for Marie then CSPA will not help her.