CSPA doesn't apply to our case, what other options?

[renmaamor 0]

:unsure:

Hi to all,

My mom filed I-130 (F2A category) for my dad in which my brother and I were below 21 years old then.

Our priority date is current this month and we've already received the AOS fee (already paid) and IV fee (pending because we're analyzing first if we're still eligible to immigrate with my dad).

In AOS fee, only my dad's name was mentioned there but in IV fee it was the 3 of us ( 3 invoices ), which I think denotes that we are under our father who was the principal applicant when my mom filed I-130.

Here are the details:

I-130 filed : December 2005

I-I30 approved (I-797) : January 23, 2006

My DOB: January 27, 1985

Brother's DOB: January 20, 1987

Priority Date: January 20, 2006

PD's current: January 2010

My question and confirmation:

1. My brother was married last July 2009, he's 22 years old then and my mom was/is still LPR.Am I right that he's not eligible to immigrate with my dad?

2. I'm 4 days short to 21 years old when the petition was approved. Am I still eligible to immigrate with dad?

I need to know this first before I'll email to NVC regarding CSPA.

I really need your help as soon as possible so that we can decide for our payments.

Thank you in advance!

Godspeed!

[aleful 1,905]

for you I'm not sure, but your brother can't, since LPR can't file for married children. The chilcren must stay single untit they get the GC.

[aleful 1,905]

for you I'm not sure, but your brother can't, since LPR can't file for married children. The chilcren must stay single untit they get the GC.

sorry,

I tried to edit, check on the threads about CSPA

[newhandle 0]

Your dad's petition took ONLY 1 month to approve? It may not seem a very bad thing, but trust me, you're screwed.

CSPA = Real age - time your petition was pending at CIS

This means that your CSPA is > 21, and the child protection act doesn't apply to you

HOWEVER, I don't know how CSPA applies to derivatives of the beneficiary so you may want to call NVC to confirm.

The reason why so many people get screwed over is because NVC doesn't have enough visas to give out.

[renmaamor 0]

sorry,

I tried to edit, check on the threads about CSPA

Thanks aleful for the confirmation.

I also believe that my brother can't immigrate with my dad because he was married before my mom become USC.

If my mom will file citizenship, can she petition my brother under F3 category AND remains our Priority date?..

[renmaamor 0]

Your dad's petition took ONLY 1 month to approve? It may not seem a very bad thing, but trust me, you're screwed.

CSPA = Real age - time your petition was pending at CIS

This means that your CSPA is > 21, and the child protection act doesn't apply to you

HOWEVER, I don't know how CSPA applies to derivatives of the beneficiary so you may want to call NVC to confirm.

The reason why so many people get screwed over is because NVC doesn't have enough visas to give out.

hello newhandle,

yup, it was so fast. Actually our petition was returned that time because my mom included my 23 year old sister on my dad's application. CIS told her to separate my sister (F2B) from us (F2A). At that time I'm a month short to 21 years old.

Also, yesterday I've emailed NVC regarding the status of our case and asked them if we're still eligible to immigrate with dad

My mom said that its a mistake to informed them instead we should follow the process and wait for the results after the interview.

But it's too late, i've already sent the email..