Child Aging Out? CSPA may help

[ciaok 0]

Hello Everybody,

Please help in identifying if my son is eligible for CSPA.

Here are the details and in case i am missing some information please excuse and let me know what more to provide.

Green Card Category : E3.

Priority Date : April 26,2001

I-140 Filling Date : Mar 14,2007

I-140 Approval Date : Mar 19,2007

I-485 Filling Date: June 14,2007

I-485 Approval Date: Feb 22,2008

Green Card : Feb 22,2008

Here are details of petition filed for my family:

I-824 Filling Date: May 25,2008

I-824 Approval Date: June 23,2008

My Son Date of Birth : August 17,1987

Please advise if my Son qualifies for CSPA as as per my calculation he is less than 21years of age when application I-824 got approved.

Thank you very much for taking time to read my problem.

PK

[cruz83 0]

Hello,

[cruz83 0]

sorry for adding another box,

This is my first time posting here and i hope u can help with some info.

I was reading about the CSPA.

What do I need to do to apply for this benefit. Currently i'm 26 and my petition I-130(my dad petition for me, LPR) was submitted in 01-13-98 (notice date 01-15-98). In 01-28-2002 I received my approval notice. Do I benefit from the CSPA even my dad is still a permanent resident? What do I need to do?

My birthday is on 01-26-1983

I did the calculator and it showed that I do qualify.

Thanks.

[NArocks 13]

sorry for adding another box,

This is my first time posting here and i hope u can help with some info.

I was reading about the CSPA.

What do I need to do to apply for this benefit. Currently i'm 26 and my petition I-130(my dad petition for me, LPR) was submitted in 01-13-98 (notice date 01-15-98). In 01-28-2002 I received my approval notice. Do I benefit from the CSPA even my dad is still a permanent resident? What do I need to do?

My birthday is on 01-26-1983

I did the calculator and it showed that I do qualify.

Thanks.

Hopefully member Aaron2020 will come along as he is super at this kind of thing if not PM him

[aaron2020 11,651]

sorry for adding another box,

This is my first time posting here and i hope u can help with some info.

I was reading about the CSPA.

What do I need to do to apply for this benefit. Currently i'm 26 and my petition I-130(my dad petition for me, LPR) was submitted in 01-13-98 (notice date 01-15-98). In 01-28-2002 I received my approval notice. Do I benefit from the CSPA even my dad is still a permanent resident? What do I need to do?

My birthday is on 01-26-1983

I did the calculator and it showed that I do qualify.

Thanks.

Hopefully member Aaron2020 will come along as he is super at this kind of thing if not PM him

Do not PM me. CSPA applies to all family based immigration cases.

Based on your dates, I don't believe that you qualify for relief under CSPA. It took four years for USCIS to approve your petition ( Jan. 13, 1998 filed & Jan. 28, 2002 approval). This means your CSPA age is four years less than your real age at the time that your PD becomes current. You are currently over 26 years old, so your CSPA age would be over 21. In order for your CSPA age to be under 21, you must not have turned 25 years and 15 days old on the date that your PD became current. In your case that would mean Feb. 1, 2008. CSPA applies only if you attempt to adjust your status (file your own DS-230 - I am not talking about being listed on a DS-230 for another person who is/was immigrating) within one year of your PD becoming current. If your PD became current before Feb. 2008 and you made no attempt to adjust, it is too late for CSPA to help you. Therefore, I don't see how CSPA applies to you unless your PD was current before Feb. 2008 and you attempted to adjust within one year of becoming current.

I have posted elsewhere on how to contact the NVC about application of CSPA. Search for it as I don't have time to repost it.

Edited August 26, 2009 by aaron2020

[cruz83 0]

thanks for the help. Was a bit confused but it helped clarify my doubts, thanks

[Praharsh 0]

Hii…

I am Praharsh shah from india. Actually my dad has a file for immigration to USA. Its f4 brother sister category. Till now we have two letters from US. Now the thing is

In the first letter, they have given our receipt number, received date, notice date, case type and all…

received date is May 18, 2000.

notice date is May 19,2000.

In this letter, they have mentioned that IT USUALLY TAKES 120 TO 180 DAYS OF THIS RECEIPT FOR US TO PROCESS THIS TYPE OF CASE. WE WILL SEND YOU A WRITTEN NOTICE AS SOON AS WE MAKE A DECISIONON THIS CASE.

Now in the second letter, which is from National visa center, they have given us case number and Priority date.

This letter has been written on June 16, 2005. ( This date has been on left hand side of letter).

PD is May 18, 2000.

Now my problem is I am dependant on my dad and I am going to complete my 21 years on Sept 12,2009. I think I am not going to elligible for it.

I want to know two things:

(1) we have our received date, notice date and Priority date with us. So I want to know what is Approval date? Is it June 16, 2005 on which we got Case number?? Or else?

(2) As I will complete my 21 yrs, I am not direct elligible for immigration. Right now its Feb 1999 in visa call in F4 and each month, 2 months are going in F4 so from that point of view, it will take 1 yr max for visa call. And I have heard that even if you are above 21yrs some people may get visa because they count some days and they are allowing some more days to people. So I want to know how they calculate this thing?? How many days can be added in my case?

I hope you get my point.

Do reply soon….

Thanking you...

aaron2020,

Thanks for the clarification. :-) ...so the filing for the NVC does not guarantee a visa yet because I have to wait in another queue.

But at least I know my classification now.

J

is your father already a USC when he petitioned you? the date of his naturalization will determined your age under CSPA. I am on IR2 petition. it was filed by my USC father when I was 18yo but due to immigration delays, I was just interviewed last september. and I am 22yo & 3 months to be exact. I now have my visa w/ me. I must also leave before my medical exam expires. I was also worried that I will be ineligible for visa. but as long as (if under IR2) you're unmarried then nothing to worry about.

[aaron2020 11,651]

Hii…

I am Praharsh shah from india. Actually my dad has a file for immigration to USA. Its f4 brother sister category. Till now we have two letters from US. Now the thing is

In the first letter, they have given our receipt number, received date, notice date, case type and all…

received date is May 18, 2000.

notice date is May 19,2000.

In this letter, they have mentioned that IT USUALLY TAKES 120 TO 180 DAYS OF THIS RECEIPT FOR US TO PROCESS THIS TYPE OF CASE. WE WILL SEND YOU A WRITTEN NOTICE AS SOON AS WE MAKE A DECISIONON THIS CASE.

Now in the second letter, which is from National visa center, they have given us case number and Priority date.

This letter has been written on June 16, 2005. ( This date has been on left hand side of letter).

PD is May 18, 2000.

Now my problem is I am dependant on my dad and I am going to complete my 21 years on Sept 12,2009. I think I am not going to elligible for it.

I want to know two things:

(1) we have our received date, notice date and Priority date with us. So I want to know what is Approval date? Is it June 16, 2005 on which we got Case number?? Or else? The approval date is the date on the second notice that states, "The above petition has been approved." The letter would also indicate that the case is being forwarded to the NVC. From the information that you have provided, it appears your approval date would be June 16, 2005.

(2) As I will complete my 21 yrs, I am not direct elligible for immigration. Right now its Feb 1999 in visa call in F4 and each month, 2 months are going in F4 so from that point of view, it will take 1 yr max for visa call. And I have heard that even if you are above 21yrs some people may get visa because they count some days and they are allowing some more days to people. So I want to know how they calculate this thing?? How many days can be added in my case? It appears that CSPA will give you approximately five years of protection so long as you are unmarried and you attempt to adjust your status when your father's PD becomes current. Use the CSPA calculator on this site to figure out your CSPA age. Based on the information that you have provided, you should be fine. Remember, you will need to file your own DS-230. Each member of the family needs his or her own DS-230. Being listed on father's DS-230 is not an attempt to adjust your status.

I hope you get my point.

Do reply soon….

Thanking you...

aaron2020,

Thanks for the clarification. :-) ...so the filing for the NVC does not guarantee a visa yet because I have to wait in another queue.

But at least I know my classification now.

J

is your father already a USC when he petitioned you? the date of his naturalization will determined your age under CSPA. I am on IR2 petition. it was filed by my USC father when I was 18yo but due to immigration delays, I was just interviewed last september. and I am 22yo & 3 months to be exact. I now have my visa w/ me. I must also leave before my medical exam expires. I was also worried that I will be ineligible for visa. but as long as (if under IR2) you're unmarried then nothing to worry about.

[aaron2020 11,651]

Praharsh,

As a new member here, please be aware of the rules. Do not post your question more than once and do not PM people with a question that you have posted. I don't want to have to read your question multiple times. If I or anyone can answer your question, we will make an effort to do so. Flooding this site or or PM box is not a good idea.

I hope my answer helps to ease your anxiety.

Aaron

[Praharsh 0]

hey i keep in mind.........

and thank you very much 4 ur help.....

Praharsh,

As a new member here, please be aware of the rules. Do not post your question more than once and do not PM people with a question that you have posted. I don't want to have to read your question multiple times. If I or anyone can answer your question, we will make an effort to do so. Flooding this site or or PM box is not a good idea.

I hope my answer helps to ease your anxiety.

Aaron

[tfarrukh 0]

My knowledge about CSPA finally culminated in a successful application of CSPA to my sister's family. Her son just got visa under CSPA, despite being over 25 on date of visa issuance, because his CSPA age is just over 20. This is a second successful application of CSPA in two families in 2 weeks period.

I feel good.

Sanjiv

i used CSPA age calculator (Thanks to who mad it) and according to the using estimated dates for visa availbility that my son will qualify for CSPA. Now my question is , since i just received DS3032 & AOS (paid online)

what i need to do next? do i need to notify NVC NOW, or should i wait for visa date (Visa Bulitten) to become current?

Also since i have no income , can my other son file i-864? do i need to send any thing for i-864?

My knowledge about CSPA finally culminated in a successful application of CSPA to my sister's family. Her son just got visa under CSPA, despite being over 25 on date of visa issuance, because his CSPA age is just over 20. This is a second successful application of CSPA in two families in 2 weeks period.

I feel good.

Sanjiv

i used CSPA age calculator (Thanks to who mad it) and according to the using estimated dates for visa availbility that my son will qualify for CSPA. Now my question is , since i just received DS3032 & AOS (paid online)

what i need to do next? do i need to notify NVC NOW, or should i wait for visa date (Visa Bulitten) to become current?

Also since i have no income , can my other son file i-864? do i need to send any thing for i-864?

[tfarrukh 0]

My knowledge about CSPA finally culminated in a successful application of CSPA to my sister's family. Her son just got visa under CSPA, despite being over 25 on date of visa issuance, because his CSPA age is just over 20. This is a second successful application of CSPA in two families in 2 weeks period.

I feel good.

Sanjiv

What will be your advice when to notify NVC that CSPA will apply to my brother who si 23 now? See below for timelines of NVC.

NVC Journey

09-16-09 - DS-3032 / AOS Bill Generated

09-17-09 - E-mailed DS-3032

09-18-09 - Mailed DS-3032

09-18-09 - Pay AOS Bill (Online)

09-21-09 - AOS Bill Show as PAID

09-23-09 - IV Bill Generated

09-23-09 - Paid IV Bill

09-23-09 - NVC accepted DS-3032(received an e-mail)

xx-xx-xx - Mailed I-864 Package (will mail in few days)

xx-xx-xx - IV Bill Show as PAID

xx-xx-xx - I-864 received at NVC

xx-xx-xx - NVC accepted I-864

xx-xx-xx - Mailed IV Package(DS-230)

xx-xx-xx - Case Completed at NVC

xx-xx-xx - NVC Left :

xx-xx-xx - Consulate Received :

xx-xx-xx - Medical:

xx-xx-xx - Interview Date:

[shams 0]

I need some help here.. My Uncle Filed Petition for my mother in 1995, i was 15 then. which is f4 category. Now i am 29 .They called for interview in 22 July 2009 this year. I went with my mother to the embassy. At that time they told me i am eligible for the visa, and gave us a new interview date at 5th october. And told me to get all the required document, including the DS230 . But when we went to the interview at 5th oct they told me there was some mistake and i am not eligible for the visa. They took interview of my mother. Asked her to provide additional sponsor.

I came to know about CSPA after that. I dont know if i am eligible for it (petition approval letter is missing) . Can any one give me a guidance how to proceed for it?

I tried to contact the embassy over mail but there automatic answer showed that after interview they wont answer .

How can i apply after the interview of my mother. and where should i do it.

A step by step guide will be very helpful.

Petition 1996

letters missing ...

Intervew letter july 2009

Intervew 5 october 2009

[aaron2020 11,651]

I need some help here.. My Uncle Filed Petition for my mother in 1995, i was 15 then. which is f4 category. Now i am 29 .They called for interview in 22 July 2009 this year. I went with my mother to the embassy. At that time they told me i am eligible for the visa, and gave us a new interview date at 5th october. And told me to get all the required document, including the DS230 . But when we went to the interview at 5th oct they told me there was some mistake and i am not eligible for the visa. They took interview of my mother. Asked her to provide additional sponsor.

I came to know about CSPA after that. I dont know if i am eligible for it (petition approval letter is missing) . Can any one give me a guidance how to proceed for it?

I tried to contact the embassy over mail but there automatic answer showed that after interview they wont answer .

How can i apply after the interview of my mother. and where should i do it.

A step by step guide will be very helpful.

Petition 1996

letters missing ...

Intervew letter july 2009

Intervew 5 october 2009

Your answer whether CSPA would help you lies in the missing letters. If INS/USCIS took longer than 9 years to approve the petition, then CSPA would likely help you. If it took less than 9 years to approve the petition then CSPA will not help you. You need to know when INS/USCIS approved the petition and forwarded it to the NVC. Without that information, no one can tell if CSPA applies to you.

It's likely that the US Embassy did do the calculation and you did not qualify.

[sheilsys 0]

I need some help here.. My Uncle Filed Petition for my mother in 1995, i was 15 then. which is f4 category. Now i am 29 .They called for interview in 22 July 2009 this year. I went with my mother to the embassy. At that time they told me i am eligible for the visa, and gave us a new interview date at 5th october. And told me to get all the required document, including the DS230 . But when we went to the interview at 5th oct they told me there was some mistake and i am not eligible for the visa. They took interview of my mother. Asked her to provide additional sponsor.

I came to know about CSPA after that. I dont know if i am eligible for it (petition approval letter is missing) . Can any one give me a guidance how to proceed for it?

I tried to contact the embassy over mail but there automatic answer showed that after interview they wont answer .

How can i apply after the interview of my mother. and where should i do it.

A step by step guide will be very helpful.

Petition 1996

letters missing ...

Intervew letter july 2009

Intervew 5 october 2009

Your answer whether CSPA would help you lies in the missing letters. If INS/USCIS took longer than 9 years to approve the petition, then CSPA would likely help you. If it took less than 9 years to approve the petition then CSPA will not help you. You need to know when INS/USCIS approved the petition and forwarded it to the NVC. Without that information, no one can tell if CSPA applies to you.

It's likely that the US Embassy did do the calculation and you did not qualify.

CSPA only applies to petition approved on or after Aug. 2002. You have to know when the petition was approved not when it was filed. here is the link to CSPA http://www.uscis.gov/files/pressrelease/CSPA2_pub.pdf

Edited October 23, 2009 by sheilsys