Child Aging Out? CSPA may help

[wannabe 1]

This might be a redundant question or scenario but I wanted some tips to approach and although I am new to the forum, I have been studying these laws for quite some time and had a few questions.

Facts:

1. I am a derivative beneficiary on my mother's immigration petition filed by my maternal grandfather (US Citizen).

2. I aged out after August 2, 2002 and am currently 24 years old.

3. The Affidavit of Support letter just came in and the priority date is 3 months away (according to the visa bulletin). PD is March 2001.

Now, reading the forum and CSPA section, I interpreted that a separate I-130 will have to be filed by my mother upon becoming a lawful perm resident which will have the "original" priority date from my Grandfather's application (as I was minor when that petition was filed). Please correct me if I am wrong!

My situation: I am currently in US and just completed my bachelors and am on OPT. Is there any chance that I can make a case of Adjustment of Status during my mother's immigration process is going on?

Any suggestion is welcome. Thank you for taking the time for reading my case.

[aaron2020 11,651]

This might be a redundant question or scenario but I wanted some tips to approach and although I am new to the forum, I have been studying these laws for quite some time and had a few questions.

Facts:

1. I am a derivative beneficiary on my mother's immigration petition filed by my maternal grandfather (US Citizen).

2. I aged out after August 2, 2002 and am currently 24 years old.

3. The Affidavit of Support letter just came in and the priority date is 3 months away (according to the visa bulletin). PD is March 2001.

Now, reading the forum and CSPA section, I interpreted that a separate I-130 will have to be filed by my mother upon becoming a lawful perm resident which will have the "original" priority date from my Grandfather's application (as I was minor when that petition was filed). Please correct me if I am wrong!

My situation: I am currently in US and just completed my bachelors and am on OPT. Is there any chance that I can make a case of Adjustment of Status during my mother's immigration process is going on?

Any suggestion is welcome. Thank you for taking the time for reading my case.

You have it wrong.

First, you need to figure out your CSPA age. CSPA provideds relief for beneficiaries who turn 21 and had to endure processing delay from USCIS. The time it takes for USCIS to approve a petition does not count against the beneficiaries. So, if it took USCIS more than 4 years to approve the case for your mother, your CSPA age would be 20; Real age of 24 - Years to approve the petition 4 = CSPA Age 20.

Second, once your mother becomes an LPR, she can file for you in the F2b category (LPR petitioning for an unmarried child over 21). USCIS takes the position that you do not get to retain the priority date under the petition your grandfather filed for your mother. There are lawsuits going on right now to assert a more favorable interepretation to the immigrant.

Thrid, you cannot do an adjustment of status in the US. You must return to process at the local embassy/consulate.

[wannabe 1]

Thank you aaron2020 for the quick reply.

In that case, I have another question regarding CSPA age.

The application was filed March 1,2001 and approved by March 5, 2001. So, it was open for only 4 days. And we fall under f3 category for family immigration. But according to the Visa Bulletin, the Priority date of March 5, 2001 will be arriving for processing in the coming 3 months. (currently it is 15 Dec 2000 for India as per Visa Bulletin)

Does that mean that I would be eligible for CSPA even though I am derivative beneficiary and does that mean that the last 7 years that the visa was pending to be issued, can be subtracted from my age for CSPA purposes?

Your help is greatly appreciated. Thanks again for taking the time to reply.

This might be a redundant question or scenario but I wanted some tips to approach and although I am new to the forum, I have been studying these laws for quite some time and had a few questions.

Facts:

1. I am a derivative beneficiary on my mother's immigration petition filed by my maternal grandfather (US Citizen).

2. I aged out after August 2, 2002 and am currently 24 years old.

3. The Affidavit of Support letter just came in and the priority date is 3 months away (according to the visa bulletin). PD is March 2001.

Now, reading the forum and CSPA section, I interpreted that a separate I-130 will have to be filed by my mother upon becoming a lawful perm resident which will have the "original" priority date from my Grandfather's application (as I was minor when that petition was filed). Please correct me if I am wrong!

My situation: I am currently in US and just completed my bachelors and am on OPT. Is there any chance that I can make a case of Adjustment of Status during my mother's immigration process is going on?

Any suggestion is welcome. Thank you for taking the time for reading my case.

You have it wrong.

First, you need to figure out your CSPA age. CSPA provideds relief for beneficiaries who turn 21 and had to endure processing delay from USCIS. The time it takes for USCIS to approve a petition does not count against the beneficiaries. So, if it took USCIS more than 4 years to approve the case for your mother, your CSPA age would be 20; Real age of 24 - Years to approve the petition 4 = CSPA Age 20.

Second, once your mother becomes an LPR, she can file for you in the F2b category (LPR petitioning for an unmarried child over 21). USCIS takes the position that you do not get to retain the priority date under the petition your grandfather filed for your mother. There are lawsuits going on right now to assert a more favorable interepretation to the immigrant.

Thrid, you cannot do an adjustment of status in the US. You must return to process at the local embassy/consulate.

[aaron2020 11,651]

Thank you aaron2020 for the quick reply.

In that case, I have another question regarding CSPA age.

The application was filed March 1,2001 and approved by March 5, 2001. So, it was open for only 4 days. And we fall under f3 category for family immigration. But according to the Visa Bulletin, the Priority date of March 5, 2001 will be arriving for processing in the coming 3 months. (currently it is 15 Dec 2000 for India as per Visa Bulletin)

Does that mean that I would be eligible for CSPA even though I am derivative beneficiary and does that mean that the last 7 years that the visa was pending to be issued, can be subtracted from my age for CSPA purposes?

Your help is greatly appreciated. Thanks again for taking the time to reply.

This might be a redundant question or scenario but I wanted some tips to approach and although I am new to the forum, I have been studying these laws for quite some time and had a few questions.

Facts:

1. I am a derivative beneficiary on my mother's immigration petition filed by my maternal grandfather (US Citizen).

2. I aged out after August 2, 2002 and am currently 24 years old.

3. The Affidavit of Support letter just came in and the priority date is 3 months away (according to the visa bulletin). PD is March 2001.

Now, reading the forum and CSPA section, I interpreted that a separate I-130 will have to be filed by my mother upon becoming a lawful perm resident which will have the "original" priority date from my Grandfather's application (as I was minor when that petition was filed). Please correct me if I am wrong!

My situation: I am currently in US and just completed my bachelors and am on OPT. Is there any chance that I can make a case of Adjustment of Status during my mother's immigration process is going on?

Any suggestion is welcome. Thank you for taking the time for reading my case.

You have it wrong.

First, you need to figure out your CSPA age. CSPA provideds relief for beneficiaries who turn 21 and had to endure processing delay from USCIS. The time it takes for USCIS to approve a petition does not count against the beneficiaries. So, if it took USCIS more than 4 years to approve the case for your mother, your CSPA age would be 20; Real age of 24 - Years to approve the petition 4 = CSPA Age 20.

Second, once your mother becomes an LPR, she can file for you in the F2b category (LPR petitioning for an unmarried child over 21). USCIS takes the position that you do not get to retain the priority date under the petition your grandfather filed for your mother. There are lawsuits going on right now to assert a more favorable interepretation to the immigrant.

Thrid, you cannot do an adjustment of status in the US. You must return to process at the local embassy/consulate.

There was no way that the petition for your mother was approved in four days. It may have been received by USCIS in four days and that is really the Priority Date for your mother. The petition was probably approved at least 6 months later. Go online here to check your mother's PD; https://egov.uscis.gov/cris/jsps/index.jsp Only if the approval took longer than 4 years will CSPA help you.

[tfarrukh 0]

Now my question is:

My son is now 23. how i need to notify NVC that CSPA applies to him? what method & when? should i or just stay quite? will they figure out or i do need to inform then about CSPA.

Here is more info:

6/1/1986 1. Son Date of Birth:

10/14/2005 2. Date Petition Filed:

4/29/2009 3. Date Petition Approved:

09/15/2009 (DS3032 & AOS received)

09/15/2009 sent ds3032 & AOS fee paid online - pending processing)

what should i do next?

please help. thx

I (mother) have received ds3032 and AOS on 09/15/2009 from NVC. I sent in DS3032 and paid fee online for my son on 09/15/2009.

Now my question is:

My son is now 23. how i need to notify NVC that CSPA applies to him? what method & when? should i or just stay quite? will they figure out or i do need to inform then about CSPA.

Here is more info:

6/1/1986 1. Son Date of Birth:

10/14/2005 2. Date Petition Filed:

4/29/2009 3. Date Petition Approved:

09/15/2009 (DS3032 & AOS received)

09/15/2009 sent ds3032 & AOS fee paid)

what should i do next?

please help. thx

[wannabe 1]

Now my question is:

My son is now 23. how i need to notify NVC that CSPA applies to him? what method & when? should i or just stay quite? will they figure out or i do need to inform then about CSPA.

Here is more info:

6/1/1986 1. Son Date of Birth:

10/14/2005 2. Date Petition Filed:

4/29/2009 3. Date Petition Approved:

09/15/2009 (DS3032 & AOS received)

09/15/2009 sent ds3032 & AOS fee paid online - pending processing)

what should i do next?

please help. thx

I (mother) have received ds3032 and AOS on 09/15/2009 from NVC. I sent in DS3032 and paid fee online for my son on 09/15/2009.

Now my question is:

My son is now 23. how i need to notify NVC that CSPA applies to him? what method & when? should i or just stay quite? will they figure out or i do need to inform then about CSPA.

Here is more info:

6/1/1986 1. Son Date of Birth:

10/14/2005 2. Date Petition Filed:

4/29/2009 3. Date Petition Approved:

09/15/2009 (DS3032 & AOS received)

09/15/2009 sent ds3032 & AOS fee paid)

what should i do next?

please help. thx

Hi tfarrukh,

You'll get a better advice than me for sure! But, did you send an appeal letter with your DS3032? That's what we did recently when we got notified about the choice of agent (DS3032) and AOS payment notificaiton.

Also, this is more for me but were you applied under 4th preference category "Brother/Sister of Citizens"? And is your son a derivative beneficiary?

Also, what do you call "petition approved"? Is it when you get a NVC case no. like we did "BMB*******" (BMB being Mumbai, India consulate of US). [i am trying to determine if I can be applicable for CSPA as I am turning 25 and a petition for my mom was filed by my grandfather in 2001 and we just got our DS3032).

Thanks and thank you to whoever replies as well.

[tfarrukh 0]

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:

1. The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
2. A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
3. CSPA Age Calculator: http://www.nafsa.org/_/Document/_/date_caculators.xls

I found the age calculator a very helpful tool. James E. Leck of Boston University deserves a special thanks for creating this calculator. I am sure there are other good sources of information on CSPA.

Good Luck.

What will be your advice when to notify NVC that CSPA will apply to my brother who si 23 now? See below for timelines of NVC.

NVC Journey

09-16-09 - DS-3032 / AOS Bill Generated

09-17-09 - E-mailed DS-3032

09-18-09 - Mailed DS-3032

09-18-09 - Pay AOS Bill (Online)

09-21-09 - AOS Bill Show as PAID

09-23-09 - IV Bill Generated

09-23-09 - Paid IV Bill

09-23-09 - NVC accepted DS-3032(received an e-mail)

xx-xx-xx - Mailed I-864 Package (will mail in few days)

xx-xx-xx - IV Bill Show as PAID

xx-xx-xx - I-864 received at NVC

xx-xx-xx - NVC accepted I-864

xx-xx-xx - Mailed IV Package(DS-230)

xx-xx-xx - Case Completed at NVC

xx-xx-xx - NVC Left :

xx-xx-xx - Consulate Received :

xx-xx-xx - Medical:

xx-xx-xx - Interview Date:

[tfarrukh 0]

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.

What will be your advice when to notify NVC that CSPA will apply to my brother who si 23 now? See below for timelines of NVC.

NVC Journey

09-16-09 - DS-3032 / AOS Bill Generated

09-17-09 - E-mailed DS-3032

09-18-09 - Mailed DS-3032

09-18-09 - Pay AOS Bill (Online)

09-21-09 - AOS Bill Show as PAID

09-23-09 - IV Bill Generated

09-23-09 - Paid IV Bill

09-23-09 - NVC accepted DS-3032(received an e-mail)

xx-xx-xx - Mailed I-864 Package (will mail in few days)

xx-xx-xx - IV Bill Show as PAID

xx-xx-xx - I-864 received at NVC

xx-xx-xx - NVC accepted I-864

xx-xx-xx - Mailed IV Package(DS-230)

xx-xx-xx - Case Completed at NVC

xx-xx-xx - NVC Left :

xx-xx-xx - Consulate Received :

xx-xx-xx - Medical:

xx-xx-xx - Interview Date:

[wannabe 1]

Hi tfarrukh,

In the appeal letter, it was basically mentioned the situation that the families will be divided again and that I was a minor when the application was done. Mentioned my DOB as well as my status that I am still unmarried. If you want, I can email you the appeal letter for CSPA case that I drafted on behalf of my mother to submit with DS 3032.

Thanks

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.

What will be your advice when to notify NVC that CSPA will apply to my brother who si 23 now? See below for timelines of NVC.

NVC Journey

09-16-09 - DS-3032 / AOS Bill Generated

09-17-09 - E-mailed DS-3032

09-18-09 - Mailed DS-3032

09-18-09 - Pay AOS Bill (Online)

09-21-09 - AOS Bill Show as PAID

09-23-09 - IV Bill Generated

09-23-09 - Paid IV Bill

09-23-09 - NVC accepted DS-3032(received an e-mail)

xx-xx-xx - Mailed I-864 Package (will mail in few days)

xx-xx-xx - IV Bill Show as PAID

xx-xx-xx - I-864 received at NVC

xx-xx-xx - NVC accepted I-864

xx-xx-xx - Mailed IV Package(DS-230)

xx-xx-xx - Case Completed at NVC

xx-xx-xx - NVC Left :

xx-xx-xx - Consulate Received :

xx-xx-xx - Medical:

xx-xx-xx - Interview Date:

[David and Carrie 0]

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

This is, as usual, confusing. My step-son came as a K2 and was denied due to aging out. We are fighting, but are considering filing an I-130 as a backup.

Question 1: If we do this, would he pick up the priority date for our original I129F?

Question 2: If my wife files now as a permanent resident, and then becomes a citizen, will the application be upgraded and moved to the shorter queue?

[aaron2020 11,651]

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

This is, as usual, confusing. My step-son came as a K2 and was denied due to aging out. We are fighting, but are considering filing an I-130 as a backup.

Question 1: If we do this, would he pick up the priority date for our original I129F?

Question 2: If my wife files now as a permanent resident, and then becomes a citizen, will the application be upgraded and moved to the shorter queue?

1. No. Completely separate cases. The I-129 is for a non-immigrant visa. Filing the I-130 would be for an immigrant visa. First case had nothing to do with the second. Adjusting his status after coming here on the K-2 is part of the first case.

2. Yes. The I-130 for the son would be in the F2b category; LPR filing for an unmarried child over age 21. They wait is about 8 years for a visa. Once she becomes a USC, she can upgrade and the total wait time is about 5 years for a visa.

Filing a I-130 for the son does not give him any rights to be in the US. He must return home if he is not here on a valid visa or have legal permanent residency. Don't know if the period how the period where his K-2 is being contested will affect the I-130.

Edited December 19, 2009 by aaron2020

[David and Carrie 0]

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

This is, as usual, confusing. My step-son came as a K2 and was denied due to aging out. We are fighting, but are considering filing an I-130 as a backup.

Question 1: If we do this, would he pick up the priority date for our original I129F?

Question 2: If my wife files now as a permanent resident, and then becomes a citizen, will the application be upgraded and moved to the shorter queue?

1. No. Completely separate cases. The I-129 is for a non-immigrant visa. Filing the I-130 would be for an immigrant visa. First case had nothing to do with the second. Adjusting his status after coming here on the K-2 is part of the first case.

2. Yes. The I-130 for the son would be in the F2b category; LPR filing for an unmarried child over age 21. They wait is about 8 years for a visa. Once she becomes a USC, she can upgrade and the total wait time is about 5 years for a visa.

Filing a I-130 for the son does not give him any rights to be in the US. He must return home if he is not here on a valid visa or have legal permanent residency. Don't know if the period how the period where his K-2 is being contested will affect the I-130.

I want to be sure I understand. If we file, the I-130 now, as LPR, and receive a priority date, will we keep that same priority date when the application is upgraded as a USC?

Also, I believe in your last sentence you are hinting that there may be some interference between our current K2 court issues and the processing of the I-130. Is this correct? Thanks for the help.

[aaron2020 11,651]

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

This is, as usual, confusing. My step-son came as a K2 and was denied due to aging out. We are fighting, but are considering filing an I-130 as a backup.

Question 1: If we do this, would he pick up the priority date for our original I129F?

Question 2: If my wife files now as a permanent resident, and then becomes a citizen, will the application be upgraded and moved to the shorter queue?

1. No. Completely separate cases. The I-129 is for a non-immigrant visa. Filing the I-130 would be for an immigrant visa. First case had nothing to do with the second. Adjusting his status after coming here on the K-2 is part of the first case.

2. Yes. The I-130 for the son would be in the F2b category; LPR filing for an unmarried child over age 21. They wait is about 8 years for a visa. Once she becomes a USC, she can upgrade and the total wait time is about 5 years for a visa.

Filing a I-130 for the son does not give him any rights to be in the US. He must return home if he is not here on a valid visa or have legal permanent residency. Don't know if the period how the period where his K-2 is being contested will affect the I-130.

I want to be sure I understand. If we file, the I-130 now, as LPR, and receive a priority date, will we keep that same priority date when the application is upgraded as a USC? Yes. Upgrading a petition because the petitioner goes from being an LPR to a USC does not affect the Prirority Date. The petition retains the same PD.

Also, I believe in your last sentence you are hinting that there may be some interference between our current K2 court issues and the processing of the I-130. Is this correct? Thanks for the help. Yes. It could affect it because it could be determined that he living in the US out of status. I don't know if it will affect the I-130. All I am saying is that it could. Check with a qualified immigration attorney. Perhaps the same one that is helping you out with the adjustment for your wife's son.

[wannabe 1]

A new development to the case:

Upon mailing the Appeal Letter with the first mail, I recently received IV Fee Invoice to be paid and was asked to submit my DS-230 along with civil documents. Now, I am currently 25 and the payment system had my correct birth year of "1984".

What chances do I have of being accepted as a child under CSPA with my mother's application?

Any advices or suggestions will be helpful.

Thank you.

This might be a redundant question or scenario but I wanted some tips to approach and although I am new to the forum, I have been studying these laws for quite some time and had a few questions.

Facts:

1. I am a derivative beneficiary on my mother's immigration petition filed by my maternal grandfather (US Citizen).

2. I aged out after August 2, 2002 and am currently 24 years old.

3. The Affidavit of Support letter just came in and the priority date is 3 months away (according to the visa bulletin). PD is March 2001.

Now, reading the forum and CSPA section, I interpreted that a separate I-130 will have to be filed by my mother upon becoming a lawful perm resident which will have the "original" priority date from my Grandfather's application (as I was minor when that petition was filed). Please correct me if I am wrong!

My situation: I am currently in US and just completed my bachelors and am on OPT. Is there any chance that I can make a case of Adjustment of Status during my mother's immigration process is going on?

Any suggestion is welcome. Thank you for taking the time for reading my case.

[aljenca 0]

I wanted to share to you this CSPA age calculator. Hope this helps you all as much as it helped my family. Good luck!