Please please answer its really urgent thank you!!!

[glaine 0]

HI, i am new here, just want to ask something..

my mother is a green card holder and she filed a petition for us a F2A.

She filed the petition on July 14, 2008 and they were approved on March 26, 2010.

Now we were going to have our interview on august 15, 2011 but the three of us were over 21 years old now thus the CSPA still applies for us?

0ur age now is 21 and 2 months, 22 and 2 months, 23 and 8 months,,,thank you :DDD

[Jojo92122 1,924]

HI, i am new here, just want to ask something..

my mother is a green card holder and she filed a petition for us a F2A.

She filed the petition on July 14, 2008 and they were approved on March 26, 2010.

Now we were going to have our interview on august 15, 2011 but the three of us were over 21 years old now thus the CSPA still applies for us?

0ur age now is 21 and 2 months, 22 and 2 months, 23 and 8 months,,,thank you :DDD

There are two things going on with these three cases; retrogression of the Priority Date in the F2a category for Filipinos and CSPA.

The Priority Date for these three cases (F2a from the Philippines) were originally current in the August 2010 Visa Bulletin. In the January 2011 Visa Bulletin, the PD retrogressed and these cases were no longer current. They will be current again for a second time in the August 2011 Visa Bulletin.

It took USCIS about 21 months to approve the petitions, so the beneficiaries' CSPA ages are 21 months less than their real ages when the PD became current.

The 21 years old and the 22 years old beneficiaries have CSPA age under 21 regardless of which current PD is used (either Aug. 2010 or Aug. 2011). Both will qualify for immigration visas in the F2a category.

The potential problem is the 23 years old. If the CSPA age is calculated under the Aug. 2010 VB, the CSPA age is 20 years and 11 months (22 year 8 months real age at that time)- (21 months while USCIS approved the I-130). If the CSPA age is calculated under the Aug. 2011 VB, the beneficiary's CSPA age will be over 21. Since you have not given exact dates, calculating the beneficiay's CSPA age under the Aug. 2010 VB is only an approximation with an error of 1 month which means this beneficay may or may not have aged out under the Aug. 2010 VB.

From what I have read, if the beneficiary while CSPA age is under 21 (CSPA locks in when a PD becomes current) and the DS-230 is submitted before the PD retrogress and is no longer current (Jan. 2011 in this case), then the beneficiary gets to calculate his/her CSPA age when the PD first became current. If th DS-230 was filed after the PD retrogressed, then the CSPA age is calculated when the PD becomes current again in the Aug. 2011 VB (i.e., cannot lock in first current PD if you don't file DS-230 before retrogression).

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=71256811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=71256811264a3210VgnVCM100000b92ca60aRCRD

http://www.greencardmaker.com/documents/Child-Status-Protection-Act.pdf

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

Applicants affected by visa retrogression that may be interested in seeking CSPA coverage:

• Applicant has waited more than one year to seek LPR status after the visa became available, and then the visa retrogresses. That child may not take advantage of the CSPA and visa retrogression is essentially irrelevant.

• Applicant is under 21 using his or her adjusted age and then filed for adjustment of status during the one-year window before visa retrogression. The subsequent visa retrogression will not affect that child; his or her 2A status is locked in. It does not matter when the visa becomes available again or how long it takes to complete the adjustment process. The same outcome should occur if the visa retrogressed before the child filed for adjustment, but then became available again during that initial one-year window and the child filed for adjustment before the end of that one year.

• Applicant is under 21 using the adjusted age and delays filing for adjustment of status. The visa date retrogresses, preventing the child from filing before the one year period has passed. In that case, USCIS calculates the applicant’s age using CSPA principles on the date the visa becomes available the second time. If the child is under 21 on that date, he or she has one year from that date to seek LPR status (file for adjustment of status, an immigrant visa, or an I-824 under the agencies’ current interpretations). Thus, a second one year window opens up on the date the priority date becomes current again, but the applicant’s CSPA age is calculated on that date, not on the date the 2A category first became current.

[Sirach123 2]

Good research and reply, Jojo!

[Miami_Boy 9]

There are two things going on with these three cases; retrogression of the Priority Date in the F2a category for Filipinos and CSPA.

The Priority Date for these three cases (F2a from the Philippines) were originally current in the August 2010 Visa Bulletin. In the January 2011 Visa Bulletin, the PD retrogressed and these cases were no longer current. They will be current again for a second time in the August 2011 Visa Bulletin.

It took USCIS about 21 months to approve the petitions, so the beneficiaries' CSPA ages are 21 months less than their real ages when the PD became current.

The 21 years old and the 22 years old beneficiaries have CSPA age under 21 regardless of which current PD is used (either Aug. 2010 or Aug. 2011). Both will qualify for immigration visas in the F2a category.

The potential problem is the 23 years old. If the CSPA age is calculated under the Aug. 2010 VB, the CSPA age is 20 years and 11 months (22 year 8 months real age at that time)- (21 months while USCIS approved the I-130). If the CSPA age is calculated under the Aug. 2011 VB, the beneficiary's CSPA age will be over 21. Since you have not given exact dates, calculating the beneficiay's CSPA age under the Aug. 2010 VB is only an approximation with an error of 1 month which means this beneficay may or may not have aged out under the Aug. 2010 VB.

From what I have read, if the beneficiary while CSPA age is under 21 (CSPA locks in when a PD becomes current) and the DS-230 is submitted before the PD retrogress and is no longer current (Jan. 2011 in this case), then the beneficiary gets to calculate his/her CSPA age when the PD first became current. If th DS-230 was filed after the PD retrogressed, then the CSPA age is calculated when the PD becomes current again in the Aug. 2011 VB (i.e., cannot lock in first current PD if you don't file DS-230 before retrogression).

http://www.uscis.gov...000b92ca60aRCRD

http://www.greencard...tection-Act.pdf

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

Applicants affected by visa retrogression that may be interested in seeking CSPA coverage:

• Applicant has waited more than one year to seek LPR status after the visa became available, and then the visa retrogresses. That child may not take advantage of the CSPA and visa retrogression is essentially irrelevant.

• Applicant is under 21 using his or her adjusted age and then filed for adjustment of status during the one-year window before visa retrogression. The subsequent visa retrogression will not affect that child; his or her 2A status is locked in. It does not matter when the visa becomes available again or how long it takes to complete the adjustment process. The same outcome should occur if the visa retrogressed before the child filed for adjustment, but then became available again during that initial one-year window and the child filed for adjustment before the end of that one year.

• Applicant is under 21 using the adjusted age and delays filing for adjustment of status. The visa date retrogresses, preventing the child from filing before the one year period has passed. In that case, USCIS calculates the applicant's age using CSPA principles on the date the visa becomes available the second time. If the child is under 21 on that date, he or she has one year from that date to seek LPR status (file for adjustment of status, an immigrant visa, or an I-824 under the agencies' current interpretations). Thus, a second one year window opens up on the date the priority date becomes current again, but the applicant's CSPA age is calculated on that date, not on the date the 2A category first became current.

Just saved $100.00 worth of advice...Very good Job!

[Darnell 8,478]

CSPA can apply - hope you see clear path now?

[Jojo92122 1,924]

Just saved $100.00 worth of advice...Very good Job!

Just send me $50. :lol: