Child Aging Out? CSPA may help

[JimVaPhuong 4,863]

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.

Those dates are impossible. There's no way that a priority date was assigned before they received the petition. Also, a priority date is not the "Date Immigrant Petition Approved". The priority date is the date USCIS received the petition.

The priority date will be listed on pretty much any official notice she gets from USCIS. In fact, there's a box on the I-797C form specifically for the priority date. I suspect the "notice date" you listed is the date that the petition was approved.

Your CSPA effective age on the date you submitted the visa application is your calendar age minus the time between the priority date and the date the petition was approved. In other words, you get to subtract the time that the petition spent at USCIS waiting to be approved.

As I said, in your case it's not relevant. You submitted the visa application while your calendar age was still under 21 years old. You'll be fine. You didn't age out.

[aleful 1,905]

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.

ditto,

the priority date is always after the date the i130 was received by immigration. that's the date which immigration freezes and works with that date.

[JimVaPhuong 4,863]

ditto,

the priority date is always after the date the i130 was received by immigration. that's the date which immigration freezes and works with that date.

Tajv is a derivative beneficiary of an F2B petition, and not an immediate relative petition. His age froze when he submitted his DS-230.

[Princessblack 21]

I am currently on review due to CSPA. How long does the review normally take?

[JimVaPhuong 4,863]

I am currently on review due to CSPA. How long does the review normally take?

Your signature says this is an F1 family preference case. How is this CSPA related? Is there a derivative beneficiary?

[Princessblack 21]

Your signature says this is an F1 family preference case. How is this CSPA related? Is there a derivative beneficiary?

1. Yes, my single sister whom my mom is filing for, and her 2 kids under 21, are on the same case. We reach thus far in the process.

2. NVC is reviewing the case to see if the other 2 children of my sister (over 21 and whom were on the case when I-130 was filed back in 2006- they want to see if they are now eligible under the CSPA.

Just wanted to know how long the review will take? *sigh*

[JimVaPhuong 4,863]

1. Yes, my single sister whom my mom is filing for, and her 2 kids under 21, are on the same case. We reach thus far in the process.

2. NVC is reviewing the case to see if the other 2 children of my sister (over 21 and whom were on the case when I-130 was filed back in 2006- they want to see if they are now eligible under the CSPA.

Just wanted to know how long the review will take? *sigh*

I'm really not sure. I haven't read about anyone who was under review for CSPA eligibility. The math is pretty simple, and normally shouldn't take more than a minute to figure out. Is there an issue with trying to determine if they sought to acquire a visa within a specific period of time - before the last retrogression, for example?

This stuff is usually straightforward. They take their age on the date they submit the visa application, and they subtract the number of days between the priority date and the date the petition was approved. If the result is less than 21 then they didn't age out. The retrogression complicated the situation for some people because they had a narrow window during which they were eligible to apply for a visa before their cutoff date moved. Some people who were caught up in that had to try to prove they sought to acquire a visa within that narrow window of time in order to preserve their eligibility.

[Princessblack 21]

I'm really not sure. I haven't read about anyone who was under review for CSPA eligibility. The math is pretty simple, and normally shouldn't take more than a minute to figure out. Is there an issue with trying to determine if they sought to acquire a visa within a specific period of time - before the last retrogression, for example?

This stuff is usually straightforward. They take their age on the date they submit the visa application, and they subtract the number of days between the priority date and the date the petition was approved. If the result is less than 21 then they didn't age out. The retrogression complicated the situation for some people because they had a narrow window during which they were eligible to apply for a visa before their cutoff date moved. Some people who were caught up in that had to try to prove they sought to acquire a visa within that narrow window of time in order to preserve their eligibility.

Thanks for the information. It appears that due to processing times 1 child did not make it. The other simply aged out. Only 2 of the 4 on the application are now locked in.

[JimVaPhuong 4,863]

Thanks for the information. It appears that due to processing times 1 child did not make it. The other simply aged out. Only 2 of the 4 on the application are now locked in.

That sucks! Sorry they didn't make it.

[TonyCH 13]

So i just wanted to make sure how CSPA works. So my uncle filed an F4 petition for my mom, and im currently 18 years old, our priority date is Sep 2004, and im quite sure, im going to be over 21 when that date becomes current, so our petition got approved in Oct 2009, which is 5 years 1 month after we filed the petition, so lets say our date becomes current in 2015-2016 and im 22-23 years old, does CSPA apply, and if yes , i will get my aged deducted by 5 years 1 month right ? if it applies, is there something that i need to do , to make sure i do get my CSPA approved in time and not lose it ?

Thanks in advance

tony

[JimVaPhuong 4,863]

So i just wanted to make sure how CSPA works. So my uncle filed an F4 petition for my mom, and im currently 18 years old, our priority date is Sep 2004, and im quite sure, im going to be over 21 when that date becomes current, so our petition got approved in Oct 2009, which is 5 years 1 month after we filed the petition, so lets say our date becomes current in 2015-2016 and im 22-23 years old, does CSPA apply, and if yes , i will get my aged deducted by 5 years 1 month right ? if it applies, is there something that i need to do , to make sure i do get my CSPA approved in time and not lose it ?

Thanks in advance

tony

They won't do anything to determine if you're covered by CSPA until the priority date is current. Judging by the current visa bulletin it looks like that won't happen for another four years. Once the priority date is current they'll send the notices for the choice of agent and fee bill and then you can submit your visa applications. You should submit an application at the same time as your mother. They'll do the math and determine if you're covered by CSPA. They should deduct the five years your mother's petition was at USCIS from your calendar age, which means you should be covered by a reasonably comfortable margin.

Someone else had an issue recently that they brought up with me, and it reminded me of something that's worth repeating. You must seek to acquire a visa within one year of the visa number becoming available (e.g., the day the priority date becomes current) in order to preserve your CSPA eligibility. If you don't get your visa application submitted in that one year window then you will not be covered by the CSPA, and you'll probably age out.

[TonyCH 13]

Thank You very much for the reply, so basically the day that my PD becomes current i will have to either call NVC or contact them in another form to inform them about my visa application, so they can calculate CSPA? please correct me if im wrong, thanks in advance

[aaydrian 479]

...You should submit an application at the same time as your mother. They'll do the math and determine if you're covered by CSPA...

Thank You very much for the reply, so basically the day that my PD becomes current i will have to either call NVC or contact them in another form to inform them about my visa application, so they can calculate CSPA? please correct me if im wrong, thanks in advance

I think that form is the DS-230 and you can only submit it along with the beneficiary's DS-230 (your mom in this case).

You must seek to acquire a visa within one year of the visa number becoming available (e.g., the day the priority date becomes current) in order to preserve your CSPA eligibility. If you don't get your visa application submitted in that one year window then you will not be covered by the CSPA, and you'll probably age out.

It's best to submit the ds-230 asap and I mean asap because if a retrogression should happen, you and others may only have a few weeks to try and apply for CSPA. If you should attempt to acquire a visa in this small space of time, for long as the petitioner and beneficiary of the petition is alive then you will always be your CPSA adjusted age (for you approximately 18).

[sp1991 28]

i m turning 21 year old in this July(2012).....and my case is already documentary qualified since 11 jan 2011...(f4 category )

pd: april 2001

ds 230 and all fees paid in September/November 2010(before retrogression take place.)

dates move back in feb vb to jan 2000 ,...but fortunately before that...we seek to acquire a visa within one year of the visa number becoming available(i think by submitting ds 230 and paying fees ).....so we are eligible for cspa. ( i think ) i dont know that much about cspa

i m derivative beneficiary of case.my mom is principal applicant.

looking at current pace of vb, i think i will get my app letter in august /September 2012 ..so after i turn 21..

so i was thinking to write a letter to mumbai consulate abut my cspa once nvc transfer my case..

its very critical situation for me......plz help me out .....what should i do ? senior members plz answer.,

Edited May 2, 2012 by sachin6878

[JimVaPhuong 4,863]

i m turning 21 year old in this July(2012).....and my case is already documentary qualified since 11 jan 2011...(f4 category )

pd: april 2001

ds 230 and all fees paid in September/November 2010(before retrogression take place.)

dates move back in feb vb to jan 2000 ,...but fortunately before that...we seek to acquire a visa within one year of the visa number becoming available(i think by submitting ds 230 and paying fees ).....so we are eligible for cspa. ( i think ) i dont know that much about cspa

i m derivative beneficiary of case.my mom is principal applicant.

looking at current pace of vb, i think i will get my app letter in august /September 2012 ..so after i turn 21..

so i was thinking to write a letter to mumbai consulate abut my cspa once nvc transfer my case..

its very critical situation for me......plz help me out .....what should i do ? senior members plz answer.,

Your CSPA age calculation should be based on when the priority date first became current since you submitted the DS-230.