About age

[PAK2015 F2B 9]

Hi every one

my name is naveed and i m from pakistan..i m new uses of thz site.i m here because of some prblm...now cum to the point..my mom is united state f4 family base visa applicant and our petition was filed in 2002 nd pd is 30.5.02....and the visa approval date is oct 2010..when petition was filed my age was 13 and now 22..but my united state reletives received my visa fee receipt and other along with my brother and my mom dad too...nw my question is can i am eligible for thz visa..can i get visa with my family....can CSPA would protect me...my cspa age is 14 whch calculated by me....plz some help me and inform me....help will be consider higly apriciated....thanx

[Darnell 8,479]

cspa should protect you - but is seperate fee for you - make sure yer usa relatives make sure yer covered, call into NVC and get you added.

[Jojo92122 1,924]

Hi every one

my name is naveed and i m from pakistan..i m new uses of thz site.i m here because of some prblm...now cum to the point..my mom is united state f4 family base visa applicant and our petition was filed in 2002 nd pd is 30.5.02....and the visa approval date is oct 2010..when petition was filed my age was 13 and now 22..but my united state reletives received my visa fee receipt and other along with my brother and my mom dad too...nw my question is can i am eligible for thz visa..can i get visa with my family....can CSPA would protect me...my cspa age is 14 whch calculated by me....plz some help me and inform me....help will be consider higly apriciated....thanx

Congratulations. You are the winner of USCIS taking a really long time to approve the petition for your mom.

As long as you are not married, you can immigrate to the US with your brother and mom. If you get marry before you enter the US, the visa will be invalid. You cannot be married. The visa will be for a single person.

[matuk tuokan 2]

Hi every one

my name is naveed and i m from pakistan..i m new uses of thz site.i m here because of some prblm...now cum to the point..my mom is united state f4 family base visa applicant and our petition was filed in 2002 nd pd is 30.5.02....and the visa approval date is oct 2010..when petition was filed my age was 13 and now 22..but my united state reletives received my visa fee receipt and other along with my brother and my mom dad too...nw my question is can i am eligible for thz visa..can i get visa with my family....can CSPA would protect me...my cspa age is 14 whch calculated by me....plz some help me and inform me....help will be consider higly apriciated....thanx

Memorandum for Regional Directors, et al. Page 3

Subject: The Child Status Protection Act – Memorandum Number 2

preference category. Of course, if upon approval of the Form I-130, Petition for Alien Relative, a visa number is already available according to the DOS Visa Bulletin, the date that a visa number becomes available is the approval date of the Form I-130. From that age, subtract the number of days that the Form I-130 was pending, provided the beneficiary files a Form I-485, Application to Register Permanent Residence or Adjust Status, based on the subject petition, within one year of such visa availability. The “period that a petition is pending” is the date that it is properly filed (receipt date) until the date an approval is issued on the petition.

Derivative Beneficiaries – Family and Employment-Based

In addition to the direct beneficiary family-based preference category examples provided in the previous memorandum and above, section 3 of the CSPA also applies to derivative beneficiaries in both family-based and employment-based preference categories. Just as with the case of the Form I-130, with an adjustment based upon an approved Form I-140, Immigrant Petition for Alien Worker, [and other immigrant petitions filed under section 204 of the Act for classification under sections 203(a), (b), or © of the Act], the beneficiary’s age is to be calculated by first determining the age of the alien on the date that a visa number becomes available. The date that a visa number becomes available is the approval date of the immigrant petition if, according to the DOS Visa Bulletin, a visa number was already available for that preference category on that date of approval. If, upon approval of the immigrant petition, a visa number was not available, then the date for determining age is to be the first day of the month of the DOS Visa Bulletin which indicates availability of a visa for that preference category. From that age, subtract the number of days that the petition was pending, provided the beneficiary files a Form I-485,3 based on the subject petition, within one year of such visa availability. The “period that a petition is pending” for the Form I-140 is the date that the Form I-140 is properly filed (receipt date and not priority date) until the date an approval is issued on the petition.

Visa Availability Date Regression

If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a “child” using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien’s “age” should be determined using the subsequent visa availability date.

3 An alien may benefit from section 3 of the CSPA