Child Aging Out? CSPA may help

[Westlink 34]

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.

I understand everything clearly. As I said in my first post, I had calculate it awhile back and she aged out. I also knew that the current visa bulletin is not mine but I use it nevertheless, just to see what result it shows. It was a Cspa calculator, that gave me that result. I was just trying it out. So a slight misunderstanding there. Just letting you know also I knew a few things on the subject so I would appreciate it if you are going to give me your constructive critique, please! not in that manner, thank you!

[JimVaPhuong 4,863]

I understand everything clearly. As I said in my first post, I had calculate it awhile back and she aged out. I also knew that the current visa bulletin is not mine but I use it nevertheless, just to see what result it shows. It was a Cspa calculator, that gave me that result. I was just trying it out. So a slight misunderstanding there. Just letting you know also I knew a few things on the subject so I would appreciate it if you are going to give me your constructive critique, please! not in that manner, thank you!

I looked at your results and realized what you did. You inserted the date the petition was approved in place of the date the priority date became current. That's why you were off by two years. I tried doing the same thing you did, and got the exact same results you got, so it's clear that's the mistake you made.

Even if her priority date was current today her CSPA age would still be over 21. She's aged out.

[Westlink 34]

I looked at your results and realized what you did. You inserted the date the petition was approved in place of the date the priority date became current. That's why you were off by two years. I tried doing the same thing you did, and got the exact same results you got, so it's clear that's the mistake you made.

Even if her priority date was current today her CSPA age would still be over 21. She's aged out.

Ok thanks! That's why I ask if I'm putting the dates in correctly.

[Nyleirol 0]

My mother is a LPR, originally from Philippines. She filed 1-130 for my youngest brother to migrate in US.

Date of birth is Dec 5, 1990 (he just turned 20 when we filed I-130, he's 21 years old now)

On Dec 10, 2010 (filed I-130)

His priority date is also Dec 2010 (sorry forgot the exact day, im at work right now).

The USCIS approve the petition on May 18, 2011.

My brother already file DS-230 to NVC,,, we also sent the AOS documents and paid all the required amounts for processing.

Just check the NVC case bulletin, and current priority date is feb 15, 2010, next month will be march 2010.

My question is, does my brother still qualify for the CSPA or he already aged-out for his application.

Edited July 22, 2012 by Nyleirol

[JimVaPhuong 4,863]

My mother is a LPR, originally from Philippines. She filed 1-130 for my youngest brother to migrate in US.

Date of birth is Dec 5, 1990 (he just turned 20 when we filed I-130, he's 21 years old now)

On Dec 10, 2010 (filed I-130)

His priority date is also Dec 2010 (sorry forgot the exact day, im at work right now).

The USCIS approve the petition on May 18, 2011.

My brother already file DS-230 to NVC,,, we also sent the AOS documents and paid all the required amounts for processing.

Just check the NVC case bulletin, and current priority date is feb 15, 2010, next month will be march 2010.

My question is, does my brother still qualify for the CSPA or he already aged-out for his application.

Even if his priority date were current now he would have already aged out by more than two months. Sorry.

[sony2001 7]

JimVaPhuong

i also have question about my son if he aged out or not,his DOB is August14 1990,PD is March29 2001,and it says Notice date i guess this one is the approval date May 9 2002,and the cut-off date for F4 now is February15 2001,please appreciate your help.Thanks

[JimVaPhuong 4,863]

JimVaPhuong

i also have question about my son if he aged out or not,his DOB is August14 1990,PD is March29 2001,and it says Notice date i guess this one is the approval date May 9 2002,and the cut-off date for F4 now is February15 2001,please appreciate your help.Thanks

He's going to age out within a couple of months. I doubt the cutoff dates are going to jump 16 months in the next two months. I'm pretty sure he's going to age out.

[jolly786 96]

He's going to age out within a couple of months. I doubt the cutoff dates are going to jump 16 months in the next two months. I'm pretty sure he's going to age out.

r u sure...that cut off dates are going to jump 16months in the next 2 months....pls rply

[aaron2020 11,651]

r u sure...that cut off dates are going to jump 16months in the next 2 months....pls rply

Jim said he DOUBT that will happen. It means he does not think the cut off dates are going to jump 16 months in the next 2 months. Since he can't predict the future, he is relying on his experience and saying it is extremely unlikely to happen.

You misunderstood his post.

Your son will age out in 2 months and CSPA will not help.

Sorry.

Edited July 27, 2012 by aaron2020

[keyboard 1]

Hey everyone! Here is our case.

My grandfather petitioned my mom. We are under F3 - Philippines.

Our priority date is Nov 29, 1992.

I am turning 21 on March 10, 2013. I am really worried because the cut-off date for F3 has been stuck for months now.

The thing is, visas became available back in July 2011 for our PD, and we submitted our form DS-230 back in Oct 2011, before the retrogression of Dec 2011.

Actual Date / Cut-off Date for F3 for the Philippines

July 2011 --> Mar 1, 1993

Dec 2011 --> July 1, 1992

Sept 2012 --> July 22, 1992 (been stuck for more than 6 months now)

My question is, does CSPA apply to me? Is my age frozen? Any kind of help would be greatly appreciated. Thank you very much.

[keyboard 1]

Hey everyone! Here is our case.

My grandfather petitioned my mom. We are under F3 - Philippines.

Our priority date is Nov 29, 1992.

I am turning 21 on March 10, 2013. I am really worried because the cut-off date for F3 has been stuck for months now.

The thing is, visas became available back in July 2011 for our PD, and we submitted our form DS-230 back in Oct 2011, before the retrogression of Dec 2011.

Actual Date / Cut-off Date for F3 for the Philippines

July 2011 --> Mar 1, 1993

Dec 2011 --> July 1, 1992

Sept 2012 --> July 22, 1992 (been stuck for more than 6 months now)

My question is, does CSPA apply to me? Is my age frozen? Any kind of help would be greatly appreciated. Thank you very much.

I can't seem to find the edit button to modify my post above since I got some of the dates wrong.

Good day, everyone!

I would like to know if my age is frozen as of the moment that no visas are available for us.

Here is my case:

My grandfather petitioned my mom. We are under F3 - Philippines.

Our priority date is Nov 27, 1992

Our approval date is Dec 15, 1992

Therefore, my real age will only be reduced by 3 weeks.

I am turning 21 on April 10, 2013. I am really worried because the cut-off date for F3 has been stuck for more than 6 months now.

The thing is, our PD first became current back in July 2010, and we submitted our forms DS-230 back in Oct 2010, before the retrogression of Dec 2011.

For your reference:

Actual Date / Cut-off Date for F3 for the Philippines

July 2010 --> Mar 1, 1993

Dec 2010 --> July 1, 1992

Sept 2012 --> July 22, 1992

My questions are: Does the provision on retrogression for CSPA apply to me? Is my age frozen? Do I need to inform the NVC about this? Any kind of help would be greatly appreciated. Thank you very much.

[JimVaPhuong 4,863]

My questions are: Does the provision on retrogression for CSPA apply to me? Is my age frozen? Do I need to inform the NVC about this? Any kind of help would be greatly appreciated. Thank you very much.

Based on the dates you've given, and presuming your DS-230 was properly filed before the retrogression, then your age should have been locked on the date your priority date first became current. You should not have aged out.

[keyboard 1]

Based on the dates you've given, and presuming your DS-230 was properly filed before the retrogression, then your age should have been locked on the date your priority date first became current. You should not have aged out.

Thanks for replying, Jim.

I have another question. In all the pronouncements of the USCIS that I've been reading, it's always Form I-485 that's mentioned and not Form DS-230.

What's the difference between the two forms? Is the DS-230 necessarily the same as I-485 for CSPA purposes?

[JimVaPhuong 4,863]

Thanks for replying, Jim.

I have another question. In all the pronouncements of the USCIS that I've been reading, it's always Form I-485 that's mentioned and not Form DS-230.

What's the difference between the two forms? Is the DS-230 necessarily the same as I-485 for CSPA purposes?

USCIS deals with CSPA when someone is adjusting status within the US. The adjustment of status application is the I-485.

Department of State (NVC and the US consulate) deals with CSPA when someone is obtaining an immigrant visa. The immigrant visa application is the DS-230.

It's two different branches of the US government, and each has it's own forms.

[keyboard 1]

Thank you for enlightening me. That was really helpful.

Now my problem is that I cant find any pronouncement from NVC that says that if the DS-230 is submitted before retrogression, CSPA should be computed on the date visas first became available.

The only thing I could find was a pronoucement from USCIS that directly addresses my concern although it mentions I-485 and not DS-230. That is found here:

http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf

We will email NVC ASAP and I would like to include in that email a reference to my concern. Is there any released pronouncement from NVC that says such? If not, does the pronouncement of the USCIS on CSPA automatically apply to the NVC?

I also found this from the US Department of State (where NVC is under, like you said) website but it doesn't explicitly mention that if the DS-230 is submitted prior to retrogression, my CSPA age should be computed the first time visas became available.

http://www.state.gov/documents/organization/87848.pdf

Thank you.

Edited August 16, 2012 by keyboard