i130 i need answers :)

[francois90 0]

It would not have, that only becomes an issue when a visa number is available.

If she had divorced you father for example he would no longer be eligible.

If she subsequently had children who are eligible, they would be included. Aged out children are not.

yeah i know that but when my aunt asked the lawyer he told her that the application is stick the old law i don't know what this means but what i get is

that i can immigrate with my mother if my age is not more than 27

and now i am 21 i am just confused i wanna make sure of this and actually i am lookin for any solution to make the process faster because waiting is really rediculous :S

thanks again boiler

[JimVaPhuong 4,863]

yeah i know that but when my aunt asked the lawyer he told her that the application is stick the old law i don't know what this means but what i get is

that i can immigrate with my mother if my age is not more than 27

and now i am 21 i am just confused i wanna make sure of this and actually i am lookin for any solution to make the process faster because waiting is really rediculous :S

thanks again boiler

You're misunderstanding the lawyer. The law hasn't changed in this regard.

CSPA means "Child Status Protection Act", which is a law that passed three years before your aunt sent the petition. This law allows you to deduct any time spent waiting for the petition to be approved from the age of a beneficiary in order to determine their effective age for visa eligibility. This was intended to protect beneficiaries from aging out solely because of bureaucratic delays with USCIS. If it actually took as long as you say for the petition to be approved then the net effect might be as your lawyer indicated - you might remain eligible as a derivative until you're 27. I'd need to know your birthday, the priority date of the petition, and the exact date it was approved in order to figure it out.

Assuming you're not from Mexico or the Philippines, you've got about three more years to wait until your mom's priority date becomes current. Once the priority date is current then your aunt and mother can finish processing with the NVC, and your mom can apply for a visa. When she applies for a visa then you can also apply for a visa, assuming you haven't become ineligible in the meantime.

Make sure you don't get married in the meantime. You would no longer be eligible for an F4 derivative visa, and there's no other visa category that you could convert to. Your aunt could not petition for you directly.

[Jojo92122 1,924]

When is your birthday?

You need to find out when the petition for your mother was approved. Your aunt should have gotten an approval notice. Without the approval date, there is no way to know how long CSPA will protect you. Either get the notice from your aunt or she needs to contact USCIS and request a duplicate letter.

thanks Jojo92122

i'll be 21 next may

what is cspa ?? i mean what does it stand for ?

thanks again Jojo92122

CSPA = Child Status Protection Act of 2000

Your birthday is May, 1991, correct?

Now what's the Priority Date?

What's the approval date?

Without you providing answers to these questions, there is no way to tell you if you will be able to immigrate with your mom or not. There is no doubt that you will age out when you turn 21. The question is will CSPA save you and allow you to immigrate with your mom. YOU NEED TO PROVIDE THE INFORMATION IF YOU WANT AN ANSWER TO YOUR QUESTION.

Edited October 24, 2011 by Jojo92122

[francois90 0]

CSPA = Child Status Protection Act of 2000

Your birthday is May, 1991, correct?

Now what's the Priority Date?

What's the approval date?

Without you providing answers to these questions, there is no way to tell you if you will be able to immigrate with your mom or not. There is no doubt that you will age out when you turn 21. The question is will CSPA save you and allow you to immigrate with your mom. YOU NEED TO PROVIDE THE INFORMATION IF YOU WANT AN ANSWER TO YOUR QUESTION.

i am so sorry for the delay but i was unable to connect to the internet

my birthdate is 3/may/1991

would u please tell me where should i find the Priority Date and the approval date?

thanks alot i really appreciate it

[francois90 0]

You're misunderstanding the lawyer. The law hasn't changed in this regard.

CSPA means "Child Status Protection Act", which is a law that passed three years before your aunt sent the petition. This law allows you to deduct any time spent waiting for the petition to be approved from the age of a beneficiary in order to determine their effective age for visa eligibility. This was intended to protect beneficiaries from aging out solely because of bureaucratic delays with USCIS. If it actually took as long as you say for the petition to be approved then the net effect might be as your lawyer indicated - you might remain eligible as a derivative until you're 27. I'd need to know your birthday, the priority date of the petition, and the exact date it was approved in order to figure it out.

Assuming you're not from Mexico or the Philippines, you've got about three more years to wait until your mom's priority date becomes current. Once the priority date is current then your aunt and mother can finish processing with the NVC, and your mom can apply for a visa. When she applies for a visa then you can also apply for a visa, assuming you haven't become ineligible in the meantime.

Make sure you don't get married in the meantime. You would no longer be eligible for an F4 derivative visa, and there's no other visa category that you could convert to. Your aunt could not petition for you directly.

i am so sorry for the delay but i was unable to connect to the internet

my birthdate is 3/may/1991 and i am egyptian

would u please tell me where should i find the Priority Date and the approval date?

thanks alot i really appreciate it

[Boiler 46,059]

Your Aunt will have it.

[Jojo92122 1,924]

i am so sorry for the delay but i was unable to connect to the internet

my birthdate is 3/may/1991

would u please tell me where should i find the Priority Date and the approval date?

thanks alot i really appreciate it

You will find this information on the notices (letters) that your aunt, the petitioner, received. She has the information. You need to get it from her.

If she does not have the notices, then she needs to contact USCIS and ask for copies. This is the only way to get the information if she does not have the notices.

Edited October 26, 2011 by Jojo92122