Child Aging Out? CSPA may help

[newbieca 0]

Confused about CSPA>..

Hello

l am really confused about Child Protection Act.. I know about if you are above 21 you ll not be eligible...But there is info about it on Immeditate relative and my case is i am grand child and my grandfather who is us citizen has petitioned a file for my dad and family (that is me and mom and dad).

my grandfather (us citizen) filed petition for his son (my dad (and mom and me)) on jan 2002 and we got approval notice on aug 2009

my date of birth is 8 nov 1988. Right now i am 21. But if i calculate my age i will still be around 15 i guess. ls CSPA applies only on first preference that is son of petitioner only , or it applies on 2nd pref (grand son) also..

My uncle called me uscis...they said l wont be included as i m 21 right now ...but acc to age calculation if i calculate...i will still be on 15..as my petitioned date was jan 2002 and we got approval notice on aug 2009....they say the CSPA law is for son of petitioner and i am grandson so that doesnt apply on me...

Petitioner: GrandFather, USC in US. filed for my dad and family (which includes my dad, mom and me)

Preference Category: F3

Priority Date(Petition Filled): 29 Jan 2002

Petition Approved: 24 Aug 2009

My Date of Birth: 8 Nov 1988 (As At Now- 21 years )

Status: Unmarried

Pls help me out...let me know if i will be able to go with my parents or not...my grandfather petitioned a file for his son (my dad and family)

we got approval notice that its been approved and now it will go to NVC...

Any input will be greatly appreciated.

THanks and any input will be greatly appreciated.

NOTE - WE ARE IN INDIA and INDIAN CITIZEN RIGHT NOW

[the_nesh316 1]

Confused about CSPA>..

Hello

l am really confused about Child Protection Act.. I know about if you are above 21 you ll not be eligible...But there is info about it on Immeditate relative and my case is i am grand child and my grandfather who is us citizen has petitioned a file for my dad and family (that is me and mom and dad).

my grandfather (us citizen) filed petition for his son (my dad (and mom and me)) on jan 2002 and we got approval notice on aug 2009

my date of birth is 8 nov 1988. Right now i am 21. But if i calculate my age i will still be around 15 i guess. ls CSPA applies only on first preference that is son of petitioner only , or it applies on 2nd pref (grand son) also..

My uncle called me uscis...they said l wont be included as i m 21 right now ...but acc to age calculation if i calculate...i will still be on 15..as my petitioned date was jan 2002 and we got approval notice on aug 2009....they say the CSPA law is for son of petitioner and i am grandson so that doesnt apply on me...

Petitioner: GrandFather, USC in US. filed for my dad and family (which includes my dad, mom and me)

Preference Category: F3

Priority Date(Petition Filled): 29 Jan 2002

Petition Approved: 24 Aug 2009

My Date of Birth: 8 Nov 1988 (As At Now- 21 years )

Status: Unmarried

Pls help me out...let me know if i will be able to go with my parents or not...my grandfather petitioned a file for his son (my dad and family)

we got approval notice that its been approved and now it will go to NVC...

Any input will be greatly appreciated.

THanks and any input will be greatly appreciated.

NOTE - WE ARE IN INDIA and INDIAN CITIZEN RIGHT NOW

you are fine with CSPA.it applies to all immediate relatives and family-preference categories so you are covered under CSPA.when your pd is about to get current then nvc will send you the documents for your dad and mom..at that time inform the nvc about your status and then when your pd becomes current they will apply CSPA to you and forward the documents to the corresponding embassy for the consular officer to make a decision.so dont worry..

[newbieca 0]

Thanks the_nesh316 for your quick reply,

I appreciate it....

We just have got approval letter and case number from NVC...and they even mentioned in letter there is no visa date available right now...once its available we ll notify you...

So should we just wait for that, or we can expedite the case in any way ?

Is there anything else we have to do before they get back to us...

and one more question...my grandfather applied for my dad and his family( that is me and mom and my elder brother)...

but my elder brother is 25 right now (1985 born) but as per CSPA calculator he is also eligible....he is unmarried too...

but when my grandpa applied that time only he sent all relavant docs about me and my family....but after that my grandpa only send all docs related to me mom and dad...and havent send any updated docs for my elder bro...

is there any chance for him to come with us too ??? and do we need to send any updated docs about my elder brother...

or should we just wait for any reply from NVC and then can send all updated docs for my dad, mom, me and my elder brother....

and wat exactly is the procedure after we get any reply from nvc ...lets say after 6 months if our date becomes current...what is the procedure after that...will they ask us to send any docs..

and if they should we also send my elder brothers docs too....

and what should be procedure after that...will they directly call us to embassy or will send us for medical and then embassy for visa interview...

Sorry for asking lots of quesitons..but you know how it is when you are uncertain of things...its better to know things and plan it.....and getting help from people like you is so much appreciatable...

Thanks again...

you are fine with CSPA.it applies to all immediate relatives and family-preference categories so you are covered under CSPA.when your pd is about to get current then nvc will send you the documents for your dad and mom..at that time inform the nvc about your status and then when your pd becomes current they will apply CSPA to you and forward the documents to the corresponding embassy for the consular officer to make a decision.so dont worry..

[felizardo 0]

hi there

help pls

my category is f4, my son is single, he is 26 years old right now, can i still get him as a derivative? birth date of my son is aug 8 1984,

my sister who is a US citizen in applied me for f4 last march 15, 1988 and finally after 22 years, january 2010 we receive the choice of agent form and we already sent it, they said they already recive it and said that thgey will sent the AOF to the petitioner and they also said that they will send us the procesing fee bill but till right now i haven't receive any... i just want to ask, for how long they will send the next forms?

NVC said they are now reviewing my case for CSPA, i just wanna ask, how long?

about cspa, can i get my son?

if yes do i have to send the DS 230 form even though NVC did not ask me to send it yet?

[skylit runner 0]

Hi...

My father and our family was petitioned by my uncle (US Citizen) back in 1987. I was born on 1989 and the petition was subsequently updated.

I'm not sure what date it was approved though (we live in the Philippines). Last year, around October 2009, the petition became current and we would finally be able to apply. However, my 2 older brothers were not there anymore since they are 24 and 26 already at that time.

I'm 20 right now and i'm turning 21 this February 11. Our interview at the US Embassy would supposedly be on Feb 3 (Wednesday).

I'm wondering, do I really have to go to the US before I turn 21? I think there's a possibility that I won't get the VISA that fast and besides, I'm currently enrolled in college. I can't just leave my studies.

Also, is there a possibility that my brothers may still be eligible for US immigration despite ours being on the last step already [interview]?

Thank you. I hope to get feedback on this matter Much appreciated!

Hi...

My father and our family was petitioned by my uncle (US Citizen) back in 1987. I was born on 1989 and the petition was subsequently updated.

I'm not sure what date it was approved though (we live in the Philippines). Last year, around October 2009, the petition became current and we would finally be able to apply. However, my 2 older brothers were not there anymore since they are 24 and 26 already at that time.

I'm 20 right now and i'm turning 21 this February 11. Our interview at the US Embassy would supposedly be on Feb 3 (Wednesday).

I'm wondering, do I really have to go to the US before I turn 21? I think there's a possibility that I won't get the VISA that fast and besides, I'm currently enrolled in college. I can't just leave my studies.

Also, is there a possibility that my brothers may still be eligible for US immigration despite ours being on the last step already [interview]?

Thank you. I hope to get feedback on this matter Much appreciated!

have you paid IV bill for your 2 siblings? 24, 26? are they included in the interview?

[Wilson 0]

<!--quoteo(post=2828789:date=Apr 11 2009, 07:36 AM:name=Constantine)--><div class='quotetop'>QUOTE (Constantine @ Apr 11 2009, 07:36 AM) <a href="index.php?act=findpost&pid=2828789"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->hi,Im new here and I have a question.

My grand mother USC field an I-130 application for my mother and her her family on December 16, 1999.Unfortunitly I had aged out.Now I need to know If I can use CSPA.Could You Please help me.

Case Type: I130 - IMMIGRANT PETITION FOR RELATIVE, FIANCE (E), OR ORPHAN

Receipt date: December 16, 1999

Priority date : December 16, 1999

Notice Date : July 25, 2002

My birth date: Sep 11, 1981

If not ,what can I do now?!<!--QuoteEnd--></div><!--QuoteEEnd-->

Was July 25, 2002, the date that USCIS approved the I-130 petition for your mother and forwarded it to the National Visa Center? If yes, then CSPA will not offer you relief. The time between approval of the I-130 and the Priority Date is not counted in calculating your CSPA age. If your CSPA age is less than 21, CSPA applies. If your CSPA age is over 21, then you have aged out. You are 28 years old, so your CSPA age is 25. You have aged out.

Your only hope of immigrating through a family member is to have your mom petition for you once she becomes a Legal Permanent Resident (LPR or green card holder). The I-130 for you would be in the F2b category, LPR petitioning for unmarried child 21 years or older. Currently, people applying in Nov 2000 are getting their visas. So once your mother comes to America, it will take another 9 years for you to get a visa. If you get married before your mother becomes a US citizen, your petition will be denied as a LPR cannot petition for a married child. You can get married after she becomes a US citizen, then your wife and children can all come to the US. This is the F3 category, US citizen petitioning for a married child.

The wait for F3 is also around 9 years. SO DO NOT GET MARRIED UNTIL AFTER YOUR MOTHER BECOMES A US CITIZEN OR YOUR I-130 PETITION WILL BE DENIED.

Hi aaron2020,

According to post #1, at the time Constantine's mother becomes a LPR and files the unmarried-child petition, the priority date would be the original priority date of petition for Constantine's mother. IOW, it should be December 16, 1999. In this case Constantine's visa should be current, as you mentioned that people applying in Nov 2000 are getting visas.

The link http://www.mosquedalaw.com/IMM%20127.htm is saying the same, I think. Can you help clarify?

Thanks,

[xterpogz 0]

Hi guys Im a newbie here. I really need your help about my pending petition.

My Dad, a US citizen, filed a petition I-130 for me. It was for Unmarried child under 21 of a US Citizen. Am I still elgible for CSPA? I am 23 yo now turning 24 on July, 2010. When my dad received the approval letter I was 19 at that time.

here's my data: Receipt date: May 12 2006

Priority date: May 4, 2006

Notice date: August 2006

One more thing, how many months or years do I have to wait if Im still elgible?

How can I monitor my status?..

thank you so much guys. More power and Godbless.

[MonMon 0]

Hi everyone, i just want to ask you guys, does anyone here experience turning 21 while your visa is in process? i'm turning 21 in two weeks time.

We already submitted the required documents last march and after 15 days NVC sent us a checklist for missing documents, just for my mom and dad.

My name was not included in that checklist, my aunt told me not to worry because she thinks i don't have any missing unlike my parents, and surprisingly we were also noted that we haven't sent them the AOS, so my aunt (our agent) send the document after we told her about the missing document, and after 3 days my mom and dad also mailed their missing document.

last month (before we send the DS230 package) my aunt called NVC to inform them about my case, they told her not to worry and ask my full name so that they can inform their office.

Last week we also informed NVC thru E-mail and until now, no response. we told them about my case and if its possible to expedite.

Thanks in Advance for your inputs.

[qmoonlight 0]

Hi everyone, i just want to ask you guys, does anyone here experience turning 21 while your visa is in process? i'm turning 21 in two weeks time.

We already submitted the required documents last march and after 15 days NVC sent us a checklist for missing documents, just for my mom and dad.

My name was not included in that checklist, my aunt told me not to worry because she thinks i don't have any missing unlike my parents, and surprisingly we were also noted that we haven't sent them the AOS, so my aunt (our agent) send the document after we told her about the missing document, and after 3 days my mom and dad also mailed their missing document.

last month (before we send the DS230 package) my aunt called NVC to inform them about my case, they told her not to worry and ask my full name so that they can inform their office.

Last week we also informed NVC thru E-mail and until now, no response. we told them about my case and if its possible to expedite.

Thanks in Advance for your inputs.

Hi mon, you are of the same case with my sister, after receiving her notice what we did was calling the embassy of our country (philippines), then we told them that she is to be 21 in 2 weeks time. They let her go to the embassy a.s.a.p, then scheduled her for an interview. Then after a week she got hold her visa and 3 days before turning 21 she arrived in the US. I think you should call the embassy. Go quick! good luck!

[qmoonlight 0]

Just wanna ask. My father was petitioned by my grandfather on the late 80's, he was married then, and we were included on the petition. On year 1987, they were interviewed in the embassy, but unfortunately of the 7 children, two of them including my father was not given a visa for some reasons. On 1987 he received a note from NVC that his priority date is current. But he knew of the law that those children of US citizen's could get an immediate citizenship, so he rushed to the US embassy and he was given a visa immediately and became an instant US citizen. He went to US on December of 1987, sad to say i became 21 on January 1998. Another petition was filed for me because he became a Citizen and i turned 21. My petition was filed 10 days after i turned 21. But i was included on his petition before he became a citizen. My question is can i use that petition instead to avail CSPA? i am now in F3 category because i got married, but i was included as travelling applicant on my father's first petition. Please help. Thanks guyz!

[MPBandit 0]

Hi guys Im a newbie here. I really need your help about my pending petition.

My Dad, a US citizen, filed a petition I-130 for me. It was for Unmarried child under 21 of a US Citizen. Am I still elgible for CSPA? I am 23 yo now turning 24 on July, 2010. When my dad received the approval letter I was 19 at that time.

here's my data: Receipt date: May 12 2006

Priority date: May 4, 2006

Notice date: August 2006

One more thing, how many months or years do I have to wait if Im still elgible?

How can I monitor my status?..

thank you so much guys. More power and Godbless.

You and I are kind of on the same boat. I'm also 23, I turn 24 in June. My dad like yours filed the I-30 for me as an unmarried child under 21. But unlike you my dad filed it as a permanent resident. My dates are:

Receipt Date: May 28, 2004

Priority Date: April 30, 2004

Notice Date: December 5, 2007

I have just recently "PAID" the OLP IV fee, and would like to know if I'm covered in the CSPA or did I just spend all that money just to be "aged out". Any help would be awesome, thanks.

[MPBandit 0]

OK, so 5 days ago I sent an E-Mail to NVCINQUIRY@state.gov asking if I was covered in the CPSA. They responded to my E-Mail today and said "

The NVC is currently processing this case under the guidelines of the Child Status Protection Act of 2000". Sweet, I'm covered. So if you can't figure out if you're covered by the CPSA try E-mailing the NVC. Just make sure you follow the guidelines on how to E-Mail them found HERE. But before doing that check out these videos I found on YouTube they are very helpful.

I hope this helps.

[Praharsh 0]

OK, so 5 days ago I sent an E-Mail to NVCINQUIRY@state.gov asking if I was covered in the CPSA. They responded to my E-Mail today and said "

The NVC is currently processing this case under the guidelines of the Child Status Protection Act of 2000". Sweet, I'm covered. So if you can't figure out if you're covered by the CPSA try E-mailing the NVC. Just make sure you follow the guidelines on how to E-Mail them found HERE. But before doing that check out these videos I found on YouTube they are very helpful.

I hope this helps.

thats really great ....

congo.... i am also a case of CSPA. I hope i can also cover under CSPA

[deity307 0]

What would happen if I'm eligible for Child Protection Status Act?

To the guys who usually answer my immigration-related question, I apologize for the repetition.

Those familiar with the Child Protection Status Act, what happens if I'm eligible? Here's my situation:

Here's my situation:

========================

I currently live in Canada with my parents and my uncle has sponsored my dad for permanent U.S. immigration. My uncle is doing F4 Visa, for brother/sister. My dad got the VISA approval this past September, but no VISA's available yet because of too many applicants.

Here are the dates:

Petition date: April 2003

Petition approval: August 2009

Date my dad receives VISA Number: (Unknown but judging from the VISA bulletin, probably a few more years)

My date of birth: August 1988

==========

So I calculated my "CPSA" age already and if my dad's VISA number is current within three years, I'll be 18 for that case.

This just popped in my head. What happens if I'm eligible? Does that mean when my dad and mom get approved and able to immigrate, will I be able to go with them at the same time, right away? OR does it mean I get slotted into a preference category on the VISA Bulletin:

http://travel.state.gov/visa/frvi/bulletin/bulletin_4879.html

In other words, if I'm eligible for CPSA, would it mean I get slotted into 2A category on that bulletin, and NOT be able to move right away?

================

Also, if for whatever reason I'm NOT eligible for CPSA, what happens then? Does my dad or mom have to file a petition for me when they land and get their Green Card? Or does the priority date for ME stay the same?

There's an article (http://***removed***/forum/showthread.php?t=2768) stating my priority date wouldn't change even if I wasn't eligible for CPSA:

*******Congress also provided relief for this situation but limited it only to those cases in which the principal’s priority date became current on or after August 6, 2002, the date of CSPA’s enactment. CSPA states that any children who still age-out after the formula is applied, automatically convert to the next immigrant visa category and retain their parents’ priority date. This retention of the priority date is an important provision. Before CSPA, Tessie would have had to file a new immigrant visa petition for Lilabeth once Tessie became a permanent resident. That meant if Tessie immigrated or adjusted status and filed Lilabeth’s petition on April 1, 2006, Lilabeth’s place in line for the green card, or priority date, would be April 1, 2006.

The additional provision of CSPA changes this. The law says that Lilabeth is automatically converted to the next immigrant category. This means Tessie would not have to file a new petition. Lilabeth would also keep her mother’s priority date of 1982. Because the wait is so long for most people, the retained priority date would also be immediately available. This means that children in Lilabeth’s shoes would be able to obtain permanent residency at the same time as their parents or shortly thereafter.**********

So is this all true? Just want to know what my options are in the next few years to immigrate.

[the_nesh316 1]

you will be eligible to immigrate with your parents at the same time when they are interview provided you gave the right information to the forum..just dont forget to fill up DS-230 form within 1 year of the priority date of your F4 petition becoming current. the rest will be handled by CO..so just chill and wait for the pd to become current for your parents and when the nvc starts sending you the papers for parents, inform them about your cspa case they would make the calculations only when your pd becomes current..