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Filed: Other Country: Pakistan
Timeline
Posted

is CSPA(child status protection act) applicable to the derivative beneficiaries of the principal applicant?

my moms mother applied for her 11 years ago.we are going to have our interview on feb 5th and my 21st birthday was on jan 24th.

our case is f4(brothers and sisters of US citizens)

Filed: Country: Vietnam (no flag)
Timeline
Posted
is CSPA(child status protection act) applicable to the derivative beneficiaries of the principal applicant?

my moms mother applied for her 11 years ago.we are going to have our interview on feb 5th and my 21st birthday was on jan 24th.

our case is f4(brothers and sisters of US citizens)

My answer is YES as long as the beneficiaries are not 21 years old and not married.

Your case is the same with my siblings, they are derivatives also, the good thing is they are below 21 years old.

In your case you are still applicable because you are not 21 years old at the time of the visa interview.

Goodluck

Filed: Other Country: Pakistan
Timeline
Posted

well not the case i m 21 now.

i turned 21 this january and our interview is on feb 5th.

i m 21.

The NVC said to inform if any of the people traveling is going to be 21 in the next 60 days.my aunt didnt because at that time(at the time of submitting DS-230) there were more than 90 days till my birthday.

NVC says it will give a visa number and cant assist if the visa number is not available.according to the NVC the visa number is important.according to some people the date when ds-230 is recieved by the nvc is important.and i have heard about some cases getting the benefit of CSPA and some ppl not getting the benefit.

and i emailed NVC and it told me that they put me under

I called NVC and asked if i got the visa number.the operator told me yes you did get a visa number.

but the papers we recieved from NVC for our interview says the same old story.

if the applicant is 20 years old and the applicants 21st birthday is prior to the appointment date, please immediately contact the US embassy so that they can advise you wether an earlier appointment is possible.faliure to recieve a visa prior to the applicants 21st birthday may mean that the applicant is no longer eligible for an immigrant visa at this time.

and we got the papers on 30th january well after my birthday so we cant tell them.

i am not sure if i am eligible or not.

if the cspa applies on me then i am eligible.but as i told not everyone gets the benefit of cspa.

please tell me what can we do to ensure that we have enough proof to convince the officer that i do qualify under the rule.

please help.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Your mom is in the F3 category, USC petitioning for a married child. You have no category. You are a derivative beneficiary. Minor detail which doesn't really matter in analyzing your case.

CSPA will protect you. The period when your grandmother submitted the I-130 for your mom and the time it was approved and forwarded to the NVC will not be held against you. In most cases, the approval phase can be anywhere from 6 months to several years. So that period will be subtracted from your actual age to determine your CSPA age. So long as you seek the immigration visa within a year of it becoming available to you, you will be protected under CSPA.

Good luck with the interview.

Filed: Other Country: Pakistan
Timeline
Posted

Aaron2020 i m grateful for ur ininterest.

but i want to make one thing correct regarding the case.

the case was filed by my moms sister and our case is f4 and not f3.the case wasnt filed by our grand mother she died a long time ago.

and thanks for wishing.

i hope i get the benefit of cspa.

Filed: Country: Vietnam (no flag)
Timeline
Posted
Aaron2020 i m grateful for ur ininterest.

but i want to make one thing correct regarding the case.

the case was filed by my moms sister and our case is f4 and not f3.the case wasnt filed by our grand mother she died a long time ago.

and thanks for wishing.

i hope i get the benefit of cspa.

Hi, please read the topics of one of the vj member, her profile name is stepstep, she has the same situation as you

Filed: Country: Vietnam (no flag)
Timeline
Posted
Aaron2020 i m grateful for ur ininterest.

but i want to make one thing correct regarding the case.

the case was filed by my moms sister and our case is f4 and not f3.the case wasnt filed by our grand mother she died a long time ago.

and thanks for wishing.

i hope i get the benefit of cspa.

Your original post said "moms mother applied for her . . ." The analysis is the same for F3 derivative beneficiaries as it is for F4.

Filed: Other Country: Pakistan
Timeline
Posted
Aaron2020 i m grateful for ur ininterest.

but i want to make one thing correct regarding the case.

the case was filed by my moms sister and our case is f4 and not f3.the case wasnt filed by our grand mother she died a long time ago.

and thanks for wishing.

i hope i get the benefit of cspa.

Hi, please read the topics of one of the vj member, her profile name is stepstep, she has the same situation as you

please tell me how can i contact with stepstep.i mean how can i find that vj memeber?

Filed: Country: Vietnam (no flag)
Timeline
Posted
Aaron2020 i m grateful for ur ininterest.

but i want to make one thing correct regarding the case.

the case was filed by my moms sister and our case is f4 and not f3.the case wasnt filed by our grand mother she died a long time ago.

and thanks for wishing.

i hope i get the benefit of cspa.

Hi, please read the topics of one of the vj member, her profile name is stepstep, she has the same situation as you

click the member at the upper right side and enter member name and view his topics.

please tell me how can i contact with stepstep.i mean how can i find that vj memeber?

  • 2 months later...
  • 2 months later...
Filed: Country: Pakistan
Timeline
Posted

Hello people,

I have a similar problem as that of saran. my category is F4 and my 21st birthday was in 2008 and now its 2009 and ive turned 22. the problem i faced was that despite the payment of fee bill at that time, i had been asked by NVC to wait for my priority date to become current which was due in jan 2009. At that time my birthday was within less then 60 days so i sent them (NVC)) an email and they replied me to wait till case becomes current.

Upon being current in january 2009, it took me almost 6 months to arrange the documents untill i finally filed in the DS form 230 with all necessary documents in june 09 along with my parents (i was not available for 6 months)

I havnt been yet called in for a interview because some of my parents documents are again requested by NVC in July 09.

Now that my priority date was jan 1998, and my I-130 was filed in around 1997 (mostprobably feb). id be really greatful if you tell me that would this be a good enough reason for me to apply for CSPA? and if yes, how should I do that? Should i send an email to NVC and ask them to consider me for CSPA? or would they already know through the cspa calculator? Can you help me out with this calculation matter as i dont really understand how it works.

Secondly, if they ask those with age 21 and above not to come to the interview then should I go there? and if yes, then how should I convicne them about my cspa case? would a copy of communication with NVC through email be ok?

Im really worried about it. Please it would be really kind of you if you help out. Thanks.

Filed: Country: Vietnam (no flag)
Timeline
Posted
Hello people,

I have a similar problem as that of saran. my category is F4 and my 21st birthday was in 2008 and now its 2009 and ive turned 22. the problem i faced was that despite the payment of fee bill at that time, i had been asked by NVC to wait for my priority date to become current which was due in jan 2009. At that time my birthday was within less then 60 days so i sent them (NVC)) an email and they replied me to wait till case becomes current.

Upon being current in january 2009, it took me almost 6 months to arrange the documents untill i finally filed in the DS form 230 with all necessary documents in june 09 along with my parents (i was not available for 6 months)

I havnt been yet called in for a interview because some of my parents documents are again requested by NVC in July 09.

Now that my priority date was jan 1998, and my I-130 was filed in around 1997 (mostprobably feb). id be really greatful if you tell me that would this be a good enough reason for me to apply for CSPA? and if yes, how should I do that? Should i send an email to NVC and ask them to consider me for CSPA? or would they already know through the cspa calculator? Can you help me out with this calculation matter as i dont really understand how it works.

Secondly, if they ask those with age 21 and above not to come to the interview then should I go there? and if yes, then how should I convicne them about my cspa case? would a copy of communication with NVC through email be ok?

Im really worried about it. Please it would be really kind of you if you help out. Thanks.

Since you already filed the DS-230 for yourself, there is nothing else for you to do to have CSPA apply in your case. Your CSPA age is determined on the day your petitioned parent's PD became current. Since there is nothing more you can do, concentrate on the other documents that the NVC is asking for.

Good luck.

 
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