Does CSPA apply for unfiled children?

[bca94 0]

What I mean is, let's say they petition a green card for a person and the only children that they add into this person's application are the ones that were alive by the time of filing. Later on this person had more kids. Those kids that were not alive yet by the time of filing the application and thus were not included into the application, can CSPA be applied to these children?

[aaron2020 11,651]

Yes.

[bca94 0]

Yes.

But I'm not talking about applying the CSPA to make a child's age freeze when an American citizen or naturalized green card holder petitions for the child. I'm talking about applying the CSPA to subtract the time that it took for a visa petition to be approved from the child's age when a visa number became available for the petitioned parent.

Just saying to make things clear.

[apple21 953]

But I'm not talking about applying the CSPA to make a child's age freeze when an American citizen or naturalized green card holder petitions for the child. I'm talking about applying the CSPA to subtract the time that it took for a visa petition to be approved from the child's age when a visa number became available for the petitioned parent.

Just saying to make things clear.

For derivatives, yes.

Edited February 5, 2013 by apple21

[bca94 0]

For derivatives, yes.

Oh ok, thanks for replying. 'Cause each time I read some situation where the CSPA helped the children of the beneficiary of a green card petition, it always stated that they included the children to the petition at the time of filing it. So that's why I was wondering whether CSPA only applies to children who are mentioned in the petition or it applies to all children of a beneficiary.

[apple21 953]

Oh ok, thanks for replying. 'Cause each time I read some situation where the CSPA helped the children of the beneficiary of a green card petition, it always stated that they included the children to the petition at the time of filing it. So that's why I was wondering whether CSPA only applies to children who are mentioned in the petition or it applies to all children of a beneficiary.

If a child is born into the beneficiary's family, they should inform NVC as soon as possible so the child can be added into the case.

Now, if the petition is already "case complete" and has been forwarded to the embassy but still waiting for PD to become current, the beneficiary should inform the embassy that a child has been born and should be included in the case.

[bca94 0]

If a child is born into the beneficiary's family, they should inform NVC as soon as possible so the child can be added into the case.

Now, if the petition is already "case complete" and has been forwarded to the embassy but still waiting for PD to become current, the beneficiary should inform the embassy that a child has been born and should be included in the case.

I was born after the petition was done and my sister as well. I'm not sure whether we were included or not after we were born in the case as I am not the one who is in charge of the papers but my U.S. citizen aunt and her husband. My aunt was the one who petitioned for my mother. Petition was done in the 90's and we are just waiting for our PD to come up. So I will ask but in case we are not included, where should we go so we can get ourselves included in the case? The U.S. embassy?

Edited February 6, 2013 by bca94

[apple21 953]

What's the Priority Date? And from what country are you?

You can refer to the Visa Bulletin to know if your PD is near current or not: http://www.travel.state.gov/visa/bulletin/bulletin_5856.html

I would suggest for your Aunt to contact NVC.

Edited February 6, 2013 by apple21

[Boiler 45,584]

I was wondering if there is any way to a problem that I have. My U.S. citizen aunt petitioned a green card for my mother in the 90's. Following the speed of the priority dates, my mother's priority date would have come up at some point in 2014, time which my sister and I could get a green card along my mother because we would still be under 21. But in 2011 a retrogression occurred in her preference (F4 category of the Philippines) and the priority dates went from 1991 to 1988. So now, because of the retrogression and how slow the priority dates are going, my mother's priority date will come up at some point 2017. I will already be over 21 by that time and my sister will also be close to becoming 21. So basically I won't be able to go to the U.S. with my mother anymore and my sister is also at risk to not be able to go. CSPA can't help me in this situation because I will be 23 years of age by 2017. Highly unlikely that I will be able to subtract 2 years from my biological age when a visa number is available for my mom. Any alternative way to go to the U.S. WITH my mother or in a short period of time? Not talking about going to the U.S. in 7 years or so.

This may help, in another post he says he is Spanish so who knows.

[bca94 0]

What's the Priority Date? And from what country are you?

You can refer to the Visa Bulletin to know if your PD is near current or not: http://www.travel.state.gov/visa/bulletin/bulletin_5856.html

I would suggest for your Aunt to contact NVC.

Mother is from the Philippines. Sister and I were born in Spain and still living in Spain. All 3 of us are Spanish citizens but for immigration purposes, my mother is still considered a Filipino citizen since they base a person's petition on country of birth. Since my mother is from the Philippines and she was petitioned by her U.S. citizen sister, her preference is F4 category of the Philippines and her priority date is some day of October, 1994. Due to a retrogression, cut-off dates went backwards and currently it's in 1989.

[Boiler 45,584]

So she might get her visa c 2019.

[bca94 0]

So she might get her visa c 2019.

Using excel, putting all the cut-off dates of the preference into the program to make a chart and based on the current speed of the preference, it should be around 2017. But that is just a proximate guess. Who knows if they can screw up the preference's cut-off dates more.

[apple21 953]

Better contact NVC as soon as possible so you can be added into the petition. You can't compute CSPA until your PD becomes current.

Edited February 6, 2013 by apple21

[Boiler 45,584]

You do not get the Visa the day the PD is current. There is of course the possibility that CIR will do away with F4.

[apple21 953]

Using excel, putting all the cut-off dates of the preference into the program to make a chart and based on the current speed of the preference, it should be around 2017. But that is just a proximate guess. Who knows if they can screw up the preference's cut-off dates more.

Here's a sample of CSPA computation from another thread: http://www.visajourney.com/forums/topic/412356-cspa-worksheet/