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Filed: Citizen (apr) Country: Colombia
Timeline
Posted

And the children may age out before his petition becomes current. How old are your brothers children?

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Posted (edited)
:wacko: Edited by oldahmed

Service Center : Vermont Service Center

Consulate : Prague, Czech Republic

I-129F Sent : 2009-07-15

Check Cashed: 2009-07-22

I-129F NOA1 : 2009-07-20

I-129F RFE(s) :

RFE Reply(s) :

I-129F NOA2 : 2009-10-01

NVC Received : 2009-10-06

NVC Left :

Consulate Received :

Packet 3 Received : 2009-10-15

Packet 3 Sent :

Packet 4 Received :

Interview Date : 2009-12-15

Visa Received : 2009-12-16

US Entry :

Marriage :

AOS:

Event Date

CIS Office : Washington DC

Date Filed : 2010-07-26

NOA Date : 2010-08-06

RFE(s) :

Bio. Appt. : 2010-09-09

AOS Transfer** :

Interview Date :2011-01-07

Approval / Denial Date :2011-01-07

Approved : Yes

Got I551 Stamp : No

Greencard Received:

Comments :

Filed: Citizen (apr) Country: Colombia
Timeline
Posted
And the children may age out before his petition becomes current. How old are your brothers children?

The Child Status Protection Act (CSPA) amended the Immigration Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification. The Act permits an applicant for certain benefits to retain classification as a “child,” even if he or she has reached the age of 21.

"The child’s age freezes at time the visa petition is filed (Form I-130). "

Read here: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

It is more intricate that the fact it freezes. There is a member with more info it does really freeze it until the application has been approved ( USCIS level ) and then calculates based on how long the petition was at the USCIS. That is why I asked what the ages were now. The CSPA is a complicated law and very mis understood by many.

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


Filed: Country: Vietnam (no flag)
Timeline
Posted
And the children may age out before his petition becomes current. How old are your brothers children?

The Child Status Protection Act (CSPA) amended the Immigration Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification. The Act permits an applicant for certain benefits to retain classification as a “child,” even if he or she has reached the age of 21.

"The child’s age freezes at time the visa petition is filed (Form I-130). "

Read here: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

It is more intricate that the fact it freezes. There is a member with more info it does really freeze it until the application has been approved ( USCIS level ) and then calculates based on how long the petition was at the USCIS. That is why I asked what the ages were now. The CSPA is a complicated law and very mis understood by many.

"The child’s age freezes at time the visa petition is filed (Form I-130). " THIS ONLY APPLIES IF THE PETITIONER FILES FOR HIS/HER MINOR CHILD AS AN IMMEDIATE RELATIVE.

CSPA works differently for family preference category cases. An F4, USC petitioning for a sibling, is a family preference case. The brother's children's ages will NOT free at the the time the petition is filed.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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