Child Aging Out? CSPA may help

[sp1991 28]

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

means? is it good for me? or bad ?

i don't understand what you are trying to say .

what i should do ?

i will get iv ?

Edited May 2, 2012 by sachin6878

[JimVaPhuong 4,863]

Your priority date first became current in January of 2011, correct? You filed the DS-230 before the cutoff dates retrogressed, Yes? Your CSPA age calculation should be based on what your CSPA adjusted age was in January, 2011.

[sp1991 28]

Your priority date first became current in January of 2011, correct? You filed the DS-230 before the cutoff dates retrogressed, Yes? Your CSPA age calculation should be based on what your CSPA adjusted age was in January, 2011.

my priority date was current first time in august 2010..but retrogression hit f4 in feb 2011 vb..but before that we already submitted everything.

yes, we submitted fees and ds230 before retrogression happened,,,,even our case was documentary qualified in jan 2011

i m still under 21 ,(not cspa age.actual age dob:3rd july 1991 ) but i will age out in this july...and i think i will get appointment letter in august...thats why m worried.

so my qun is is there anything to worry about ?

should i write letter to nvc after i age out ?

Edited May 3, 2012 by sachin6878

[JimVaPhuong 4,863]

my priority date was current first time in august 2010..but retrogression hit f4 in feb 2011 vb..but before that we already submitted everything.

yes, we submitted fees and ds230 before retrogression happened,,,,even our case was documentary qualified in jan 2011

i m still under 21 ,(not cspa age.actual age dob:3rd july 1991 ) but i will age out in this july...and i think i will get appointment letter in august...thats why m worried.

so my qun is is there anything to worry about ?

should i write letter to nvc after i age out ?

No. You shouldn't age out. Your age should have been locked in the first time your priority date became current and you submitted the DS-230 before the cutoff date retrogressed.

I'm really not sure how else to explain this.

Edited May 4, 2012 by JimVaPhuong

[sp1991 28]

No. You shouldn't age out. Your age should have been locked in the first time your priority date became current and you submitted the DS-230 before the cutoff date retrogressed.

I'm really not sure how else to explain this.

thank you so much.

i got your point

[lili_bean 0]

hello everyone im 24 years old and ive read so much im just completely confused. im in the f4 category and my priority date is march 1997 and we filed in 1996. i know that the calendar is only at jun 1996 currently and im afraid i've aged out. if anyone can give me any info id appreciate it. thank you

[JimVaPhuong 4,863]

hello everyone im 24 years old and ive read so much im just completely confused. im in the f4 category and my priority date is march 1997 and we filed in 1996. i know that the calendar is only at jun 1996 currently and im afraid i've aged out. if anyone can give me any info id appreciate it. thank you

In order to figure out if you've aged out we need to know your date of birth, your priority date, and the date the petition was approved by USCIS.

[Andy G-K 0]

Please I need help , my family participated in the DV lottery 2013 on October 2011 I was 20 years old , we were selected on may 2012 , I was 20 years old ... we send our papers to KCC and the begging of interviews will be in october 2012 and I will be 21 years old >>> so I am eligible or not ??

[JimVaPhuong 4,863]

Please I need help , my family participated in the DV lottery 2013 on October 2011 I was 20 years old , we were selected on may 2012 , I was 20 years old ... we send our papers to KCC and the begging of interviews will be in october 2012 and I will be 21 years old >>> so I am eligible or not ??

DV derivatives are covered by the CSPA, but the way they calculate the effective age of the derivative is different. Instead of being able to deduct the period of time that the petition was pending approval with USCIS, you get to the deduct the period of time between the first day that the DV application period began and the date on the "Congratulations" letter notifying the primary beneficiary that they had won the lottery. If the CSPA effective age of the derivative is under 21 on the day that the primary beneficiary's visa is available then the derivative can get a visa.

So, the DV lottery application period began on October 4, 2011. You need to figure out how many days are between October 4, 2011, and the date on the selection letter. From what you've said, it sounds like it's around 7 months. On the day you go to the interview they will deduct that amount of time from your age to determine your CSPA effective age. If your CSPA effective age is under 21 then you're eligible for a visa.

This presumes you were listed on the DV application, and that you're not married.

[Andy G-K 0]

DV derivatives are covered by the CSPA, but the way they calculate the effective age of the derivative is different. Instead of being able to deduct the period of time that the petition was pending approval with USCIS, you get to the deduct the period of time between the first day that the DV application period began and the date on the "Congratulations" letter notifying the primary beneficiary that they had won the lottery. If the CSPA effective age of the derivative is under 21 on the day that the primary beneficiary's visa is available then the derivative can get a visa.

So, the DV lottery application period began on October 4, 2011. You need to figure out how many days are between October 4, 2011, and the date on the selection letter. From what you've said, it sounds like it's around 7 months. On the day you go to the interview they will deduct that amount of time from your age to determine your CSPA effective age. If your CSPA effective age is under 21 then you're eligible for a visa.

This presumes you were listed on the DV application, and that you're not married.

thanks a lot that sounds good to me

[ansabhi 0]

my name is removed when i got first letter in june 2010.

then i paid 404$ fees through lawyer at last in august 2010.(livaos cond comb ****)notice

can mumbai consulate refuse to child about 21 or above.

i want to know which documents related to cspa approved age bring in interview.

My linkcspa age calculator

[Westlink 34]

In order to figure out if you've aged out we need to know your date of birth, your priority date, and the date the petition was approved by USCIS.

Hi my daughter is a derivative of my petition and I calculate her details with a CSPA calculator and it says she is eligible for immigrant visa but awhile back I calculate it on others and it says she is not eligible. What I want to know is, did I put everything in its correct form? I tried to send the link of the calculator I used but it was removed. Can you calculate it for me and let me know if she is eligible for sure?

My daughter's details:

Date of birth: 01/25/1987

Priority date: 06/05/2006

Approval date: 06/14/2010

Current Visa Bulletin: 08/01/2005

[aaron2020 11,651]

Hi my daughter is a derivative of my petition and I calculate her details with a CSPA calculator and it says she is eligible for immigrant visa but awhile back I calculate it on others and it says she is not eligible. What I want to know is, did I put everything in its correct form? I tried to send the link of the calculator I used but it was removed. Can you calculate it for me and let me know if she is eligible for sure?

My daughter's details:

Date of birth: 01/25/1987

Priority date: 06/05/2006

Approval date: 06/14/2010

Current Visa Bulletin: 08/01/2005

It is impossible for to know if a child is eligible for a derivative visa under CSPA until your Priority Date is current. Any CSPA calculator that states your daughter is eligible for a derivative visa under CSPA before your PD becomes current is just plain wrong. Without your PD being current, it is impossible to say that your daughter is eligible.

However, you can figure out when CSPA will no longer help a child without your PD being current. (i.e. no matter what the CSPA age is already over 21).

Unfortunately, your daughter has aged out under CSPA.

It took USCIS about 4 years to approve your petition (6/2006 to 6/2010). This gives your daughter an extra 4 years. She age out under CSPA if your PD is not current when she turns 25 years old. On 01/25/2012, your daughter turned 25. She aged out under CSPA. Her CSPA age (if your PD was current today) is already over 21. It will not be under 21 going forward.

Sorry.

You can petition for her after you immigrate to the US. She will have to stay single. An LPR can NEVER have a petition for a married child, so marriage while she wait would make her ineligible while you are an LPR. It will take about 8 years to petition for her.

I feel your pain. My brother had to leave two of his children behind because they aged out under CSPA. They are adults so it isn't that bad.

[Westlink 34]

It is impossible for to know if a child is eligible for a derivative visa under CSPA until your Priority Date is current. Any CSPA calculator that states your daughter is eligible for a derivative visa under CSPA before your PD becomes current is just plain wrong. Without your PD being current, it is impossible to say that your daughter is eligible.

However, you can figure out when CSPA will no longer help a child without your PD being current. (i.e. no matter what the CSPA age is already over 21).

Unfortunately, your daughter has aged out under CSPA.

It took USCIS about 4 years to approve your petition (6/2006 to 6/2010). This gives your daughter an extra 4 years. She age out under CSPA if your PD is not current when she turns 25 years old. On 01/25/2012, your daughter turned 25. She aged out under CSPA. Her CSPA age (if your PD was current today) is already over 21. It will not be under 21 going forward.

Sorry.

You can petition for her after you immigrate to the US. She will have to stay single. An LPR can NEVER have a petition for a married child, so marriage while she wait would make her ineligible while you are an LPR. It will take about 8 years to petition for her.

I feel your pain. My brother had to leave two of his children behind because they aged out under CSPA. They are adults so it isn't that bad.

Thank you for replying. I do know that we wont know if she is eligible until the priority date is reach but I use the current visa bulletin to help with the calculations on her CSPA age which is 08/01/05 and it shows that currently her CSPA age is 19yrs 4 months & 11 days, so in less than an a year time I think our priority date will be reach. If my calculation is correct I don't think she will aged out or is it that because our priority date was not current and her CSPA age was not locked in makes her ineligible?

[aaron2020 11,651]

Thank you for replying. I do know that we wont know if she is eligible until the priority date is reach but I use the current visa bulletin to help with the calculations on her CSPA age which is 08/01/05 and it shows that currently her CSPA age is 19yrs 4 months & 11 days, so in less than an a year time I think our priority date will be reach. If my calculation is correct I don't think she will aged out or is it that because our priority date was not current and her CSPA age was not locked in makes her ineligible?

Your calculation is not correct.

Why are you subtracting 6 years from your daughter's real age when it only took 4 years for USCIS to approve the I-130?

Why does the current PD matter in calculating your daughter's CSPA age? It's not your PD. It has nothing to do with your case. 08/01/05 is meaningless to you. Your PD is 06/05/2006.

In another year, your daughter's real age will be 26 because she was born on 01/25/1987. It took 4 years for USCIS to approve your case. Under CSPA, your daughter's CSPA age is her real age when your PD becomes current minus the time it took USCIS to approve the petition. That is 26 - 4 which = 22 years old. Your daughter's CSPA age will be 22.

It is impossible for you to determine with such accuracy that your daughter's CSPA age is exactly 19 years, 4 months, and 11 days when your PD is not even current. You are doing the calculations wrong.

Edited July 18, 2012 by aaron2020