CSPA Applicable to F4

[nema1961 0]

petitioned my sister years ago, she is married and has 3 children.

priority date given by NVC is 10-30-1991.

children are all single, live with their parents in philippines.

children born on 11-06-85, 01-27-89 and 01-31-92.

the oldest is 25 years old, the second will turn 22 years old jan 2011, the third will turn 19 at the end of jan 2011.

can i use the benefit of cspa for child no. 1 and no. 2?

do i need to request national visa center to expedite visa processing for child no. 3?

please help me. thank you.

[YuAndDan 153]

I dont beleive so, I think CSPA is applicable to IR-2 or CR-2 immediate child or immediate step child of petitioner, not derivative children of F4 sibling of petitioner.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD Indicates petition for child needs to be filed by their parent, not aunt/uncle.

[Jojo92122 1,924]

I dont beleive so, I think CSPA is applicable to IR-2 or CR-2 immediate child or immediate step child of petitioner, not derivative children of F4 sibling of petitioner.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD Indicates petition for child needs to be filed by their parent, not aunt/uncle.

You're wrong. CSPA applies to Immediate Relative cases and all family preference cases. See http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1f0c0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=1f0c0a5659083210VgnVCM100000082ca60aRCRD

[Jojo92122 1,924]

petitioned my sister years ago, she is married and has 3 children.

priority date given by NVC is 10-30-1991.

children are all single, live with their parents in philippines.

children born on 11-06-85, 01-27-89 and 01-31-92.

the oldest is 25 years old, the second will turn 22 years old jan 2011, the third will turn 19 at the end of jan 2011.

can i use the benefit of cspa for child no. 1 and no. 2?

do i need to request national visa center to expedite visa processing for child no. 3?

please help me. thank you.

In the February 2011 Visa Bulletin, the current Priority Date (PD) for F4 cases from the Philippines is Jan. 15, 1988. It will several more years before your sister's PD will be current and a visa will be available to her.

When her PD is anticipated to become current, the NVC will send you (the petitioner) a letter on paying the Affidavit of Support fee (Form I-864) and the the Immigration Visa fee (Form DS-230). The letter will also contain information on how to assert CSPA protection.

There are a few dates that is required for you to determine when a child is protected. You need to know when the I-130 was approved and you need to know when the PD becomes current. Obviously, you cannot determine when the PD will be current now because it will happen some time in the next few years. You can do a rough estimate. For example; if it took USCIS four years to approve the I-130, it means a derivative beneficiary has an extra four years to age out. A derivative beneficiary who is more than 25 years old (21 years + 4 years waiting for the I-130 to be approved) when the PD becomes available is not eligible to apply for a visa. ****Approval of the I-130 can happen years before the principal beneficiary is eligibility for a visa.****

YOU CANNOT ASSERT CSPA PROTECTION UNTIL YOUR SISTER'S PD BECOMES CURRENT. There is no way for a definite determination until that event occurs.

Expediting the case will not matter because your sister still has to wait for her PD to be current in order for her to eligible for a visa. AND A VISA WILL ONLY BE GRANTED IF THE PD IS CURRENT. The law does not allow the US Embassy to grant a visa unless the PD is current. There are no exceptions.

-----------------

All you can really do is try to find the date the I-130 was approved and figure out if your sister's children have aged out and CSPA will not help them.

At this point, you can only determine which child has aged out under CSPA and definitely cannot immigrate with your sister. You cannot figure out which child will be helped by CSPA.

[pampoo 1]

petitioned my sister years ago, she is married and has 3 children.

priority date given by NVC is 10-30-1991.

children are all single, live with their parents in philippines.

children born on 11-06-85, 01-27-89 and 01-31-92.

the oldest is 25 years old, the second will turn 22 years old jan 2011, the third will turn 19 at the end of jan 2011.

can i use the benefit of cspa for child no. 1 and no. 2?

do i need to request national visa center to expedite visa processing for child no. 3?

please help me. thank you.

do inform NVC,and submit a ds230 for each child for adjudication of the consul.consul knows best.me too i have children who are age out 25 and 24 paid thier processing fee and yet still can not determine the cspa age until PD is current it is all in the hands of the consul.Please do post on the thread of F4

[Jojo92122 1,924]

do inform NVC,and submit a ds230 for each child for adjudication of the consul.consul knows best.me too i have children who are age out 25 and 24 paid thier processing fee and yet still can not determine the cspa age until PD is current it is all in the hands of the consul.Please do post on the thread of F4

You cannot submit the DS-230 for a child unless you get an invoice for the child. If you send them the DS-230 without being instructed to do so, the application will be ignored since the fee has not been paid.

[ngtrung 0]

hi nema, you should read carefully the jojo"s ans­vver

you can canculate the cspa age for your children by vvay:

1,date of your case became available (the cut off day for f4,­vvhich post out by NVC)

2/date of birth

3/approval day

4/priority day(p/d)

caculate:

the cspa age=((1-2)-(3-4))< 21 is all right

so you must knovv cut off day and approval day