Child Aging Out? CSPA may help

[Westlink 34]

No. The age is locked once the priority date actually becomes current, and the alien has "sought to acquire" a visa. As Jojo pointed out, there is a difference of opinion between the BIA and current Department of State policy as to what constitutes "sought to acquire", but there's no difference of opinion that an alien can't seek to acquire a visa until their priority date is current. Your priority date never became current, so her age could not have been locked yet. She's going to age out in a couple of months unless there's a rapid acceleration of F1 cutoff dates.

Ok thanks for that info, I thought so, just wanted to get others affirmation on the subject. Doubt that we'll get interview before she aged out. Another question, say I alone migrate and I make a petition for her, will she retain her priority date? I did some research on it but not sure I understand completely the convertion from F2a to Fb.

[JimVaPhuong 4,863]

Ok thanks for that info, I thought so, just wanted to get others affirmation on the subject. Doubt that we'll get interview before she aged out. Another question, say I alone migrate and I make a petition for her, will she retain her priority date? I did some research on it but not sure I understand completely the convertion from F2a to Fb.

No. Automatic conversion occurs when someone is the primary beneficiary of a petition and their circumstances change such that they are no longer eligible in the category they were petitioned in, but are now eligible in another category. For example, if an F1 marries then they convert to F3. If an F2A child ages out then they convert to F2B. Derivatives usually remain eligible as derivatives under the new family preference category. However, a derivative that ages out has no category to automatically convert to because there is no petition for them. Someone can't convert from being a derivative to being a primary beneficiary unless there's an underlying petition for them. You'll have to file a new petition for them, and get a new priority date.

[Westlink 34]

No. Automatic conversion occurs when someone is the primary beneficiary of a petition and their circumstances change such that they are no longer eligible in the category they were petitioned in, but are now eligible in another category. For example, if an F1 marries then they convert to F3. If an F2A child ages out then they convert to F2B. Derivatives usually remain eligible as derivatives under the new family preference category. However, a derivative that ages out has no category to automatically convert to because there is no petition for them. Someone can't convert from being a derivative to being a primary beneficiary unless there's an underlying petition for them. You'll have to file a new petition for them, and get a new priority date.

Oh damn! My daughter is not gonna be too happy with that. Thanks a lot for your help, really apprciate that.

Edited December 15, 2011 by Westlink

[cmp211 0]

Hi,

my usc daughter filed i130 for me and i have interview date in feb-2012.

i have a unmarried son of age 26th year running.can he come with me as dependent?

[cmp211 0]

Hi,

my usc daughter filed i130 for me and i have interview date in feb-2012.

i have a unmarried son of age 26th year running.can he come with me as dependent?

Thank You

[JimVaPhuong 4,863]

Hi,

my usc daughter filed i130 for me and i have interview date in feb-2012.

i have a unmarried son of age 26th year running.can he come with me as dependent?

Thank You

In a nutshell, no. Immediate relative visa categories do not allow for derivatives. If your daughter is your son's biological sister then she can petition for him to get an F4 visa. Otherwise, you can petition for him to get an F2B visa when you arrive in the US and get your green card. Both are family preference visas, and subject to waiting for the priority date to become current.

[PSDAVID 2]

Hi! Im 19 years old, im gonna turn 20 on may 24, my stepfather is a us citizen, he married my mom before i was 15 years old, on february im going to send my i-130 form, how long dows it takes from the date i send it to the date i get the green card? you think i would be elegible to CSPA if i turn 21?

I believe that the USCIS proccesing time for a i-130 of an unmaried son and under 21 is 5 months, so i think that the application is going to be approved in like 5-6 months? My age would freeze at that time? or the age is going to be feeze at the time the i-130 was filed?

I hope someone can help me!

Thanks!

[aaron2020 11,651]

Hi! Im 19 years old, im gonna turn 20 on may 24, my stepfather is a us citizen, he married my mom before i was 15 years old, on february im going to send my i-130 form, how long dows it takes from the date i send it to the date i get the green card? you think i would be elegible to CSPA if i turn 21?

I believe that the USCIS proccesing time for a i-130 of an unmaried son and under 21 is 5 months, so i think that the application is going to be approved in like 5-6 months? My age would freeze at that time? or the age is going to be feeze at the time the i-130 was filed?

I hope someone can help me!

Thanks!

Age freezing can be confusing since Immediate Relative cases are treated differently from Family Preference cases. You are lucky that you will be treated as an Immediate Relative.

Your US citizen stepfather would file for you as an Immediate Relative. Under CSPA, your age freeze on the day that USCIS receives the I-130. It will take about 6-12 months from filing for you to receive your immigration visa.

[PSDAVID 2]

Age freezing can be confusing since Immediate Relative cases are treated differently from Family Preference cases. You are lucky that you will be treated as an Immediate Relative.

Your US citizen stepfather would file for you as an Immediate Relative. Under CSPA, your age freeze on the day that USCIS receives the I-130. It will take about 6-12 months from filing for you to receive your immigration visa.

Thank You for your reply! do you know what documents should be filed with the i-130 of my stepfather, me and my mom? any paper of my biological father?

[aaron2020 11,651]

Thank You for your reply! do you know what documents should be filed with the i-130 of my stepfather, me and my mom? any paper of my biological father?

It's all in the instructions for form I-130. Read the Guides on this site.

[PSDAVID 2]

It's all in the instructions for form I-130. Read the Guides on this site.

Ok i read it, what if a submit original documents and the copies?

[aaron2020 11,651]

Ok i read it, what if a submit original documents and the copies?

The instructions tells you what to send. There is an entire paragraph about sending originals and copies.

[Tajv 1]

Hi! I am from the Philippines.

My father has been petitioned by my grandmother which included my siblings and I (F2b category). He was supposed to be interviewed last September 2011. Unfortunately, it was postponed since he was not medically cleared and has to continue consulting medical treatment for 6 months. I am turning 21 this March 2012 and his medical treatment will end on April 2012 + 1 month rest so his new schedule for the interview will probably be on May 2012 (I am already 21 years old that time).

I went to US Embassy Manila last January 2012 to file for CSPA and the only requirement requested from me was filing a DS-230 application . Then today, I've read from the net that aside from completing and submitting an application for immigrant visa application (DS-230 Part I and II), valid passport and birth certificate are also included. My question is, do I have to go back to there and submit a valid passport and birth certificate?

In addition to that, I am also having troubled understanding the calculation for CSPA. I don't have any idea where I can find the numbers (2) Date Immigrant Petition Filed (Is it the same with PD?) and (3)Date Immigrant Petition Approved.

Please somebody help me. Thank you!

[JimVaPhuong 4,863]

Hi! I am from the Philippines.

My father has been petitioned by my grandmother which included my siblings and I (F2b category). He was supposed to be interviewed last September 2011. Unfortunately, it was postponed since he was not medically cleared and has to continue consulting medical treatment for 6 months. I am turning 21 this March 2012 and his medical treatment will end on April 2012 + 1 month rest so his new schedule for the interview will probably be on May 2012 (I am already 21 years old that time).

I went to US Embassy Manila last January 2012 to file for CSPA and the only requirement requested from me was filing a DS-230 application . Then today, I've read from the net that aside from completing and submitting an application for immigrant visa application (DS-230 Part I and II), valid passport and birth certificate are also included. My question is, do I have to go back to there and submit a valid passport and birth certificate?

In addition to that, I am also having troubled understanding the calculation for CSPA. I don't have any idea where I can find the numbers (2) Date Immigrant Petition Filed (Is it the same with PD?) and (3)Date Immigrant Petition Approved.

Please somebody help me. Thank you!

Your age should have frozen when you submitted the DS-230. As far as I know, the passport and birth certificate aren't needed until the visa interview.

The date the petition was accepted is the same as the priority date. You should contact your grandmother to find out what these dates are, though it shouldn't affect you because you were under 21 when you submitted the visa application.

[Tajv 1]

Your age should have frozen when you submitted the DS-230. As far as I know, the passport and birth certificate aren't needed until the visa interview.

The date the petition was accepted is the same as the priority date. You should contact your grandmother to find out what these dates are, though it shouldn't affect you because you were under 21 when you submitted the visa application.

Thank you so much for your fast reply! Anyway, I PM-ed my grandmother last night and she already replied.

Receipt Date: March 16, 2001

Priority Date: February 14, 2001 (Date Immigrant Petition Approved)

Notice Date: January 20, 2004 (If you don't mind me asking again, what is this date for? I was searching it on the net but failed to get the appropriate result.)

Now I just need the Date Immigrant Petition Filed (I PM her again today and just waiting for her reply). Still, I want to thank you again for clarifications.

Edited March 1, 2012 by Tajv