Child Aging Out? CSPA may help

[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!

Hmmm, I'm not sure where did my attachment go but I tried to attach an excel spread sheet. Anyone knows where to find it? Would be helpful to everyone.

Thanks.

[kor 0]

Hi,

My uncle applied for my mom for US green card, please look at the following date:

Apply Date: 11-02-1999

Approved Date: 06-06-2005

DOB: 28-04-1983

The result is 21 years and 3 months according to calculator.

However, I have read that :

"Section 3 of CSPA amends section 203(h)(3), INA as follows:

RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A)and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition. [ Reference: http://shusterman.com/newsletterusimmigrationapril2007.html#7]"

I also read that:

"The clear and unmistakable import of the BIA decision is that 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.

[Ref: http://www.ilw.com/a...1005-patel.shtm ]

Do you think that I am eligible to apply under F-2B category and use the priority date of the original petition, which in my case belonges to my mom.

Thank you for your support.

[sophie_ng 0]

Hi,

I have a question regarding the CSPA. My mother is a permanent resident, and she filed petition for my sister on Feb 1, 2009. My sister was under 21 years old at that time. We thought that she would be covered under CSPA. Unfortunately, we were informed that her case was changed from F2A to F2B as she aged out in the process. I calculated her age using the formula provided and realized that she was 21 years 8 days by the time her priority date became current.

However, I wasn't sure if my calculation was correct. I provide her time line below, can you help me calculate her age to see if she got covered under CSPA? I can't believe that 8 days can make a big different. Now she has to wait 4 years, instead of receiving her visa in August 2010.

Priority date (PD): Feb 1, 2009

Received approval notice: Jan 14, 2010

Date PD become current: July 23, 2010 (we checked the August visa bulletin and also called NVC to get this date)

Her birthday: August 06, 1988

The cut-off date on the August bulletin is March 1, 2009. My sister's priority date is Feb 1, 2009. So, she was supposed to receive visa number in August. But they said they changed her case to F2B, so no visa number was issued

My sister has been in the U.S. for 4My sister has been in the U.S. for 4 years under F-1 visa

I would really appreciate it if anyone can help me answer this question? Thank you so much

Also, if my calculation is correct, is there any ways that I can file a petition to appeal for her case since she was just a few days over 21 years old at the time they processed her case. Please help me.

Thank you so much

[bokbok 1]

Child Aging Out? CSPA -Needs Help My daughter case was completed January 13,2011 & the AVR says that We have to wait 8 weeks & if no instructions came contact NVC but I could see the PD that they were processing now is 2007 from processing 2008 so its backward now since the priority date of my daughter is May 11,2009 and she is already 21 last Sept. 13,2010. Now my question to anyone does she has a chance to be interviewed before 8 weeks is over & She's turning 22 on September 13,2011?

[shamsey 0]

Am I qualified for CSPA:

Priority Date: 1987 (not yet born)

Date of Birth: 1988

Approval Notice: 2009 (is this the date petition approved date?)

Visa become Current: Jan 2010 (age: 21 and 6 months)

pls. reply

[wannabe 1]

Am I qualified for CSPA:

Priority Date: 1987 (not yet born)

Date of Birth: 1988

Approval Notice: 2009 (is this the date petition approved date?)

Visa become Current: Jan 2010 (age: 21 and 6 months)

pls. reply

Do you mean "Visa becomes Current" in Jan 2012? Since Jan 2010 has already passed and would mean that you already went through the immigration procedure. Let me know.

[shamsey 0]

Do you mean "Visa becomes Current" in Jan 2012? Since Jan 2010 has already passed and would mean that you already went through the immigration procedure. Let me know.

petition approved in 1987 also so dats 2 months after receipt date

become current in Jan 2010 but still my mom still have 1 checklist requirements

we submitted also ds 230, passport within 1 year of visa availability we are only waiting for interview sked

do you think I can go coz my name do not appear on checklist? and as I said i wasn't born yet the time petition was filed and i am 21 and 6 months when it become current?

[Eddymvp 11]

How does this work, my sister is turning 21 in November, 2011, and her PD is 09/09. My mom which is a LPR is petitioning for her.

[Jojo92122 1,924]

How does this work, my sister is turning 21 in November, 2011, and her PD is 09/09. My mom which is a LPR is petitioning for her.

Google "Child Status Protection Act" and "CSPA calculator." Enter the required information and you will get an idea if CSPA can offer her relief after she turns 21.

[Sirach123 2]

How does this work, my sister is turning 21 in November, 2011, and her PD is 09/09. My mom which is a LPR is petitioning for her.

CSPA says the age of the child is locked when her PD becomes current. And then subtract the period that her petition was pending with USCIS until approved( or I-130) to get her qualifying age. In your sister's case she has to pray that her PD will become current before she turns 22 yrs old.

I also recall that her PD became current last year but you ask this from a lawyer if this will apply too in her case. I would say she is in pretty good shape.

[Sirach123 2]

petition approved in 1987 also so dats 2 months after receipt date

become current in Jan 2010 but still my mom still have 1 checklist requirements

we submitted also ds 230, passport within 1 year of visa availability we are only waiting for interview sked

do you think I can go coz my name do not appear on checklist? and as I said i wasn't born yet the time petition was filed and i am 21 and 6 months when it become current?

Welcome, Kabayan! Your case is very strange to me. There are inconsistencies in your information, but granting your priority date was current in January 2010 and you never communicated or follow up your case until January 2011, you are in trouble. If your case was in order, you should have gotten an interview by March 2010. You can not go to the consular unless you have an schedule. I think at this point in time you need someone in person to help you.

[glaine 0]

Hi i am new here, just want to ask something,, my mother is a green card holder and she filed a petition an F2A for the four of us.

We received our priority date on july 14 2008,,then we filed the DS 230 on Nov 8 2010,,now we received a letter form the NVC about our interview date on august 2011,,but my concern is that the three of us were all over 21 years old now,, we are 21 and 2 months, 22 and 2 months, 23 and 8 months,,,can we still be qualified to acquire an immigrant visa?? please answer thank you

[Sirach123 2]

Hi i am new here, just want to ask something,, my mother is a green card holder and she filed a petition an F2A for the four of us.

We received our priority date on july 14 2008,,then we filed the DS 230 on Nov 8 2010,,now we received a letter form the NVC about our interview date on august 2011,,but my concern is that the three of us were all over 21 years old now,, we are 21 and 2 months, 22 and 2 months, 23 and 8 months,,,can we still be qualified to acquire an immigrant visa?? please answer thank you

You were thoroughly answered in another topic you started , what kind of reply are you looking for? Thanking the guy that researched your case is in order.

[Eddymvp 11]

Thanks,

Her interview is this coming Monday April 9th 2012. Praying that everything goes well.

[Arman81 0]

Who interview in on Monday 09 2012 please I need detail how it went