Question about CSPA?

[TonyCH 13]

Hi guys my uncle has applied an I-130 F-4 category , he applied for us back in 2004, and it got approved 2 months ago, both me and my sister are derivate from my mom but im 16 and my sister is 20 , my question is can we use CSPA somehow , since the proces will be like 4 to 5 more years .

If we can when and how should we do it ?

thanks and regards TONY

[aaron2020 11,651]

Hi guys my uncle has applied an I-130 F-4 category , he applied for us back in 2004, and it got approved 2 months ago, both me and my sister are derivate from my mom but im 16 and my sister is 20 , my question is can we use CSPA somehow , since the proces will be like 4 to 5 more years .

If we can when and how should we do it ?

thanks and regards TONY

There is absolutely nothing you can do to get CSPA to apply right now. In 4 or 5 years when the PD for your mom become current, the US government will do the calculation. Only after the PD becomes current can the calculation be made. The government will not guess at CSPA applicability before the PD becomes current.

However, you can always play the guessing game. Your sister and you will get approximately 5 years of CSPA protection. That is the time between the Prirority Date (date USCIS received the petition for your mom) and the approval date. Your sister is very likely to benefit from CSPA. You are likely as well, but it will be close since no one can predict when the PD for your mom will be current. It could be 6-7 years before your mom's PD become current.

About six months before your mom's PD is about to become current, the petitioner will receive the AOS and IV visa fee bill letter. If you and your sister are listed in that bill, then there is nothing for you to do to get CSPA to apply. If either of you are not listed, then the letter tells you exactly how to invoke CSPA.

You can use the CSPA Age Calculator to see when your mom's PD has to become current for CSPA to apply to you. Enter all the information that you have. The only date you will not have is the date the PD becomes current.

http://www.visajourney.com/forums/index.php?showtopic=110854

Edited December 14, 2009 by aaron2020

[TonyCH 13]

thanks alot for the info. ... so if the case lasts about 6 or 7 years my sister can not get a visa... but i can right ?

thank you tony

[aaron2020 11,651]

thanks alot for the info. ... so if the case lasts about 6 or 7 years my sister can not get a visa... but i can right ?

thank you tony

Yes. In my earlier post, I got you and your sister mixed up. If the PD for your mom becomes current after your sister turns 26, it is unlikely that CSPA will help your sister. Without knowing the exact dates, I can't tell you anything.

You need to play around with the calculator. You can figure out when the PD has to become current for CSPA to apply to your sister. I am not going to do the calculations for you.

[TonyCH 13]

Oh dont get me wrong i've done the math but.... im just saying is there a posibility that for any reason that the CSPA witll be canceled other than the age issue... ?

BTW we have 5 years and 2 months waiting till aproval

Edited December 14, 2009 by meritoncutra