Child Aging Out? CSPA may help

[AMANDA2009 0]

I applied for kids I-130 in 2003,which was approved in 2005

as a LPR.In 2008 became a citizen Dep of State moved to F1 category. January 2009 Dep of State send AOS package and letter stating they able to process under F2,kids already 24 and 25 yo. All fees were paid, Affideit of support send, On July they sending letter that F2 not available anylonger ,they will process under F1 when isa became available.Is anyone else in this situation???

[aaron2020 11,651]

I applied for kids I-130 in 2003,which was approved in 2005

as a LPR.In 2008 became a citizen Dep of State moved to F1 category. January 2009 Dep of State send AOS package and letter stating they able to process under F2,kids already 24 and 25 yo. All fees were paid, Affideit of support send, On July they sending letter that F2 not available anylonger ,they will process under F1 when isa became available.Is anyone else in this situation???

CSPA will not help your kids. Since the petitions toke 2 years to be approved, you canonly subtract that time from their actual ages to determine their CSPA ages. Their CSPA ages are 22 and 23 old. There is nothing you can do, your children aged out.

The petitions for you children were initially classified as F2a (LPR petitioning for unmarried child under 21 years old). Age is determined at the time a visa becomes available to the beneficiary. So your children would have aged out to F2b (LPR petitioning for unmarried child over 21).

Your children can asked to retain their F2b status instead of being moved to F1. However, it takes longer for an F2b to get a visa then an F1. Since you naturalized, your children were properly moved to the F1 category.

[camilozapa 0]

Hello

I am new to this forum, I am in a similar situation to the last person that replied and I was wondering if you guys can help me!

I am originally from colombia, my dad sent an i130 application for me in march 2005, my category was 2A because back then I was 19 years old.(born in August 1985)

March 2005 application was sent (my dad was a LPR)-category 2A

August 2006 I turned 21. ( i130 application was still pending)- category 2B but because i130 pending still 2A

August 2008 my Dad became a citizen ( i130 application was still pending) from 2B to 1st category

March 2009 my i130 was approved. approved as a 2A

so technically it was pending exactly 4 years from march '05 to march '09...4 years that I can subtract from my age right?

current bulletin says they are processing 2A category applications from january 05...then i would think that in a couple of months they will get to march 2005 which is when my dad applied. 2A is much faster that 1st category right now.

so my question is if by the time the the visa becomes available for the category 2A that i originally was....does the CSPA apply to me even though my dad became a citizen? can I move from 1st category back to 2A? because technically with my age adjustment I would still be under 21

can you guys help me out here?

thanks so much!

[aaron2020 11,651]

Hello

I am new to this forum, I am in a similar situation to the last person that replied and I was wondering if you guys can help me!

I am originally from colombia, my dad sent an i130 application for me in march 2005, my category was 2A because back then I was 19 years old.(born in August 1985)

March 2005 application was sent (my dad was a LPR)-category 2A

August 2006 I turned 21. ( i130 application was still pending)- category 2B but because i130 pending still 2A

August 2008 my Dad became a citizen ( i130 application was still pending) from 2B to 1st category

March 2009 my i130 was approved. approved as a 2A

so technically it was pending exactly 4 years from march '05 to march '09...4 years that I can subtract from my age right?

current bulletin says they are processing 2A category applications from january 05...then i would think that in a couple of months they will get to march 2005 which is when my dad applied. 2A is much faster that 1st category right now.

so my question is if by the time the the visa becomes available for the category 2A that i originally was....does the CSPA apply to me even though my dad became a citizen? can I move from 1st category back to 2A? because technically with my age adjustment I would still be under 21

can you guys help me out here?

thanks so much!

When USCIS learns that a petitioner has become a US citizen in a particular case, a F2 petition for a child automatically becomes a F1. The petitioner and/or beneficiary MUST inform USCIS if the automatic transferred is not desired.

Since it took 4 years for USCIS to approve your petition, your CSPA age will not be 21 or older until Aug. 2010.

Wait until the your PD becomes current in the F2a category, then write the NVC to explain that 1) you want your petition processed in the F2a category and 2) CSPA applies in your case based on the time that it took USCIS to approve your case and that your CSPA age is under 21. So long as you make an attempt to adjust your status within a year of your PD becoming current, CSPA will apply.

Good luck.

[camilozapa 0]

I am sorry about posting in the other threat, but thank you so much for your help. I guess my only question is, once my f2a becomes current, do I send that letter to the NVC along with the application or do I send it first and then the application to adjust my status?, sorry I am somehow confused. Oh and do I still have to contact uscis and tell them not to do the automatic transfer? or is that already taken care of since it has been already approved?, thanks! I promise I wont double post!

Edited July 21, 2009 by camilozapa

[camilozapa 0]

and just to double check, the fact that I will be jumping back two categories (f2a->f2b ->f1 ->f2a) does not affect me? right? I am only worried because application costs are so high that I want to have good odds of it being approved and make sure i am doing it right

[aaron2020 11,651]

and just to double check, the fact that I will be jumping back two categories (f2a->f2b ->f1 ->f2a) does not affect me? right? I am only worried because application costs are so high that I want to have good odds of it being approved and make sure i am doing it right

Jumping between categories will not affect you. So long as your PD becomes current in the F2a category before Aug 1, 2010, you are eligible for a visa because your CSPA age will be under 21 based on the information you provided. My calculations are based on the dates you provided. Double check to make sure that March 2009 was your approval date and your file was forwarded to the NVC and not the day that the NVC sent out the AOS & IV bill (I-864 & DS-230).

[camilozapa 0]

and just to double check, the fact that I will be jumping back two categories (f2a->f2b ->f1 ->f2a) does not affect me? right? I am only worried because application costs are so high that I want to have good odds of it being approved and make sure i am doing it right

Jumping between categories will not affect you. So long as your PD becomes current in the F2a category before Aug 1, 2010, you are eligible for a visa because your CSPA age will be under 21 based on the information you provided. My calculations are based on the dates you provided. Double check to make sure that March 2009 was your approval date and your file was forwarded to the NVC and not the day that the NVC sent out the AOS & IV bill (I-864 & DS-230).

yes confirmed it was approved March 23 2009, but i dont know about the the AOS & IV bill.....I havent received any of that. should have I? or does that arrive after i send my I-485

[aaron2020 11,651]

and just to double check, the fact that I will be jumping back two categories (f2a->f2b ->f1 ->f2a) does not affect me? right? I am only worried because application costs are so high that I want to have good odds of it being approved and make sure i am doing it right

Jumping between categories will not affect you. So long as your PD becomes current in the F2a category before Aug 1, 2010, you are eligible for a visa because your CSPA age will be under 21 based on the information you provided. My calculations are based on the dates you provided. Double check to make sure that March 2009 was your approval date and your file was forwarded to the NVC and not the day that the NVC sent out the AOS & IV bill (I-864 & DS-230).

yes confirmed it was approved March 23 2009, but i dont know about the the AOS & IV bill.....I havent received any of that. should have I? or does that arrive after i send my I-485

Your father should receive the AOS & IV bill (I-864 & DS-230) shortly as the current PD for F2a is Jan. 15, 2005. You or your father should contact the NVC to inform them that CSPA applies to your case if your PD becomes current and you don't hear anything. You do not need to file a I-485. Your DS-230 will result in the issuance of a green card.

[cspaindia 0]

Hi Senior Members,

I need your help to find out either CSPA act for immigration apply to me or not?.. My uncle filed F4 petition for brother (My Dad). I am derivative beneficiary for this petition. But I turned 21 in June 2009. I am wondering either CSPA applies to me or not? Here is the detail:

DOB: June 01, 1988

Priority Date: Feb 01, 1999

Approval Date: March 01, 2001

File pending for 2 years and 1 month.

Assume Date Become current in : Sept 2009.

Age with Date become Current: 21 years and 3 months.

We hope our visa date will become current in Sept 2009, at that time my age will be 21 years and 3 month. I am wondering CSPA applies in my case or not? Does CSPA apply to the cases approved before 2002?

[aaron2020 11,651]

Hi Senior Members,

I need your help to find out either CSPA act for immigration apply to me or not?.. My uncle filed F4 petition for brother (My Dad). I am derivative beneficiary for this petition. But I turned 21 in June 2009. I am wondering either CSPA applies to me or not? Here is the detail:

DOB: June 01, 1988

Priority Date: Feb 01, 1999

Approval Date: March 01, 2001

File pending for 2 years and 1 month.

Assume Date Become current in : Sept 2009.

Age with Date become Current: 21 years and 3 months.

We hope our visa date will become current in Sept 2009, at that time my age will be 21 years and 3 month. I am wondering CSPA applies in my case or not? Does CSPA apply to the cases approved before 2002?

Look at the 1st post in this thread. Download the CSPA calculator and enter your dates.

[cspaindia 0]

Hi Senior Members,

I need your help to find out either CSPA act for immigration apply to me or not?.. My uncle filed F4 petition for brother (My Dad). I am derivative beneficiary for this petition. But I turned 21 in June 2009. I am wondering either CSPA applies to me or not? Here is the detail:

DOB: June 01, 1988

Priority Date: Feb 01, 1999

Approval Date: March 01, 2001

File pending for 2 years and 1 month.

Assume Date Become current in : Sept 2009.

Age with Date become Current: 21 years and 3 months.

We hope our visa date will become current in Sept 2009, at that time my age will be 21 years and 3 month. I am wondering CSPA applies in my case or not? Does CSPA apply to the cases approved before 2002?

Look at the 1st post in this thread. Download the CSPA calculator and enter your dates.

Hi aaron,

Thanks for your reply. I tried the calculator and it says I am eligible . The calculator subtracts the petition pending time from my age. But my question was more on the fact that either the CSPA applies on the cases approved before 2002? Do they use the same formula to calculate CSPA age for the cases approved before and after 2002?

Thanks,

Yogesh

[NArocks 13]

The calculator is current, does not matter if it is before or after 2002. SO if you informaitn was placed correctly then it will show you the result

[littlerami 0]

Hello all, I'm new to this, I'm trying to help my father-in-law bring over his daughter and family from Vietnam. One of their sons has reached 21 and I am trying to figure out if the CSPA can be applied. They filed an F3 form and the following is some of the info:

DOB: 10/5/1987

Filing/Priority Date: 3/21/2001

Approval Date: (Not sure about this) 7/21/2001

Visa Availability: Unknown (Just assume Oct 2009)

We have just received the invoice for a visa payment. So my question is, where can I find the approval date, is that on the initial paper work with the priority date filing? If so, that would mean the case was only pending for 4 months with the USCIS. Which would mean he is already too old since 21 yrs 10 months minus 4 months is still 21 yrs old. Is there anything that can be done since he has "aged out"?

Any help would be greatly appreciated.

Thanks

[aaron2020 11,651]

Hello all, I'm new to this, I'm trying to help my father-in-law bring over his daughter and family from Vietnam. One of their sons has reached 21 and I am trying to figure out if the CSPA can be applied. They filed an F3 form and the following is some of the info:

DOB: 10/5/1987

Filing/Priority Date: 3/21/2001

Approval Date: (Not sure about this) 7/21/2001

Visa Availability: Unknown (Just assume Oct 2009)

We have just received the invoice for a visa payment. So my question is, where can I find the approval date, is that on the initial paper work with the priority date filing? If so, that would mean the case was only pending for 4 months with the USCIS. Which would mean he is already too old since 21 yrs 10 months minus 4 months is still 21 yrs old. Is there anything that can be done since he has "aged out"?

Any help would be greatly appreciated.

Thanks

There's nothing that can be done. He has aged out.

My brother's family is coming from Vietnam next year. F3 category, filed Oct. 2000, approved Aug. 2001. Two kids aged out - one by six months.

The only thing that one of his parent can petition for him when they come to the US. An LPR can petition for an unmarried child over age 21 in the F2b category. The child cannot get married during the 7 years wait for a visa.