help

[juan2580 0]

please some body help i dont know how to find this aswer and im new here

[RICARDO4EVA2 194]

please some body help i dont know how to find this aswer and im new here

I RESPONDED TO YOUR ISSUE IN THE SEPT. 2011 BULLETIN THREAD.

If you are the child of a US CITIZEN then no

If you are the child of a green card holder then yes.

[juan2580 0]

whats the Child Status Protection Act abouth that is not to the green card holders ?

[JimVaPhuong 4,863]

whats the Child Status Protection Act abouth that is not to the green card holders ?

In a nutshell, the CSPA says that you can deduct the time spent waiting for the petition to be approved from your actual age to determine your CSPA age. What you can't deduct is time spent waiting for your priority number to become current. Immediate relatives of US citizens don't have to wait for their priority date to become current, so their age effectively freezes on the date that USCIS accepts the petition. For anyone applying for a family preference visa, which includes all relatives of an LPR, the clock starts running again after the petition is approved.

For example, if it took USCIS 6 months to approve your I-130 petition then you'll get to deduct those 6 months from your actual age. If your priority date is current for an F2A visa, and after deducting those 6 months your age is under 21, then you'd be eligible to apply for the F2A visa. If your priority date is current for an F2A visa, but after deducting those 6 months your age is over 21, then you aren't eligible for an F2A visa. You'll have to wait for your priority date to become current for an F2B visa.

[RICARDO4EVA2 194]

In a nutshell, the CSPA says that you can deduct the time spent waiting for the petition to be approved from your actual age to determine your CSPA age. What you can't deduct is time spent waiting for your priority number to become current. Immediate relatives of US citizens don't have to wait for their priority date to become current, so their age effectively freezes on the date that USCIS accepts the petition. For anyone applying for a family preference visa, which includes all relatives of an LPR, the clock starts running again after the petition is approved.

For example, if it took USCIS 6 months to approve your I-130 petition then you'll get to deduct those 6 months from your actual age. If your priority date is current for an F2A visa, and after deducting those 6 months your age is under 21, then you'd be eligible to apply for the F2A visa. If your priority date is current for an F2A visa, but after deducting those 6 months your age is over 21, then you aren't eligible for an F2A visa. You'll have to wait for your priority date to become current for an F2B visa.

[juan2580 0]

ty for the answers to all and i got one more

and what abuth the time that i was waitin for the approval of NVC nacional visa center cuz after i got the approval for uscis have to wait almos 6 month more for nvc aproval

[Jojo92122 1,924]

ty for the answers to all and i got one more

and what abuth the time that i was waitin for the approval of NVC nacional visa center cuz after i got the approval for uscis have to wait almos 6 month more for nvc aproval

CSPA does not protect you while your case waits at the NVC if you are in one of the family preference categories. You can age out during the wait at the NVC.

You are providing very little information. Answers these basic questions so we can get a better idea of what your situation is and give you good answers;

Who petitioned for you? Is your petitioner a US citizen or LPR? What is your family preference category? What is your Priority Date? How long did it take USCIS to approve the I-130? Is your PD current?

[juan2580 0]

hi the petitioner its my father he is a permanent resident and in the leter this its the information

receip date

may 29 2009

priority date

may 25 2009

notice date

august 3 2010

notice type

approval notice

case type

inmingran petition for relative fiance or orphan

section

unmarried child under 21 of permanent resident

ohh and my birthday its

january 30 1989 im 22 years old now

[JimVaPhuong 4,863]

hi the petitioner its my father he is a permanent resident and in the leter this its the information

receip date

may 29 2009

priority date

may 25 2009

notice date

august 3 2010

notice type

approval notice

case type

inmingran petition for relative fiance or orphan

section

unmarried child under 21 of permanent resident

ohh and my birthday its

january 30 1989 im 22 years old now

You've already aged out. Even if your priority date became current next month (which is possible) your CSPA age would be 21 years, 4 months, 22 days. Your priority date would have needed to be current in April of this year in order for you to qualify for an F2A. You'll be waiting for an F2B now. That means about 6 more years, unless you happen to be from Mexico or the Philippines, in which case it's a lot longer.

Don't get married in the meantime. LPR's can't petition for married sons or daughters.

[juan2580 0]

ty but i dont understand im talkin whit somebody who has the same case of me and he doesnt change of category while was out of age he its in usa right now he its colombian too he said that the important thing its have the approval before u are age out and thas my case are u sure about that the category willa change for my and how can i be sure of that ?

[RICARDO4EVA2 194]

ty but i dont understand im talkin whit somebody who has the same case of me and he doesnt change of category while was out of age he its in usa right now he its colombian too he said that the important thing its have the approval before u are age out and thas my case are u sure about that the category willa change for my and how can i be sure of that ?

You can submit a REQUEST through the department that has the file to see if they will retain the file as F2A to see if the request will be honored.

[Boiler 43,971]

Requests go the other way.

[Sirach123 2]

ty but i dont understand im talkin whit somebody who has the same case of me and he doesnt change of category while was out of age he its in usa right now he its colombian too he said that the important thing its have the approval before u are age out and thas my case are u sure about that the category willa change for my and how can i be sure of that ?

Your priority date became current in 2010. I hope your case is completed at NVC before December 31,2010 whereby your CSPA age is locked up. This is probably what your friend is referring to. But your information is still short. How long was your petition ( I-130) got approval from USCIS? This is critical on your age.

[NArocks 13]

ty but i dont understand im talkin whit somebody who has the same case of me and he doesnt change of category while was out of age he its in usa right now he its colombian too he said that the important thing its have the approval before u are age out and thas my case are u sure about that the category willa change for my and how can i be sure of that ?

No as they are stating to you you have to look at the amount of time the Petition was with the USCIS. This is where you want to wait the longest. You did not you were only there for just about 14 months. Which means you have aged out. This is a very tricky situation as your I-130 was approved in 16 months. This is the time you can take off your age. Your priority date is not yet current so this means you will age out if you have not Already. My case is a little different as the son was 18 when we filed and it took them 26 months to approve our I-130 there fore he had 26 months taken off his age. I gained a lot of information from calling the NVC as they are the ones who will say yes you are eligible or NO you are not. There also used to be a link with a formula but it no longer works and I do not know how to post the file I have saved. He is a screen of the dates you gave

[NArocks 13]

Edit even if you change some of the dates you will still see it is a bit late for you as it appears to show here. I have changed ot to show say your priority date was this month available

Edited August 23, 2011 by NArocks