Another CSPA question (somewhat lengthy read)

[VashTheStampede 0]

I previously made a thread with some questions regarding my aunt's visa petition case but have more questions now that my previous ones were cleared up. Basically I'd just like confirmation on a few things to be sure I'm understanding everything correctly.

I have a cousin who has aged out from being included in my aunt's visa petition. She was petitioned by my grandfather (her father) and my cousin was petitioned as a derivative beneficiary. Their application was accepted in November 2000 and approved on November 2004. My grandfather received two notices of action (NOAs), one for each of these dates. I want to make sure I understand this correctly, but the time between these is the time that can be subtracted from my cousin's CSPA age, correct?

The priority date for my aunt's visa petition became current this month, so my cousin's starting age for CSPA calculations is his age on the first of this month. Then you subtract the time between the NVC receiving the application (NOA1) and the approval date (NOA2). Is all of this correct?

He was born in June of 1984, so he is 29 years old as of August 1, 2013. So his current CSPA age is 25 by my calculations. Accordingly, when the NVC sent papers for further processing for my aunt's case last month my cousin was not included.

Is there anything I'm missing here that would still allow my cousin to be included on my aunt's visa petition? My mom wants to contact an attorney for reassurance that there is absolutely nothing we can do, although I doubt they'd have anything to tell us that we don't know, or that I can't learn from asking on here.

I'd also like to know how the process would go with my aunt petitioning my cousin in the future if he is unable to come over with her. I assume she would have to become a legal permanent resident first, so how long might it take for her to become an LPR? If my aunt then petitions my cousin as an unmarried child over 21 would my cousin be able to retain his original priority date of November 2000 or would he get a new priority date from when the new application is received? And if he is able to retain his original priority date I guess he would be able to come over as soon as his application is approved? Finally, do you have any idea how long visa applications take to be approved these days, and can it differ depending on the country you're coming from? It took four years for my aunt's petition to be approved so I'm wondering if there would be a similar waiting time now.

I guess my mom just wants some positive news that she can give to my cousin, even if it is only that he can keep his original priority date once he is petitioned by his mom after she becomes an LPR. If not it would be quite unfortunate as I suspect that it may be another decade plus wait since he and my aunt reside in the Philippines. If that is the case then I guess that there would be nothing else we can do to help him come over any sooner, but I would really like to make absolutely sure that there is nothing we are overlooking. Any help you can give is greatly appreciated.

[NigeriaorBust 4,087]

It will be a new petition with a new date. He must remain unmarried as long as she is an LPR and until he arrives in the US. It will be avout 10 years.

[Mellow 8]

I previously made a thread with some questions regarding my aunt's visa petition case but have more questions now that my previous ones were cleared up. Basically I'd just like confirmation on a few things to be sure I'm understanding everything correctly.

I have a cousin who has aged out from being included in my aunt's visa petition. She was petitioned by my grandfather (her father) and my cousin was petitioned as a derivative beneficiary. Their application was accepted in November 2000 and approved on November 2004. My grandfather received two notices of action (NOAs), one for each of these dates. I want to make sure I understand this correctly, but the time between these is the time that can be subtracted from my cousin's CSPA age, correct?

The priority date for my aunt's visa petition became current this month, so my cousin's starting age for CSPA calculations is his age on the first of this month. Then you subtract the time between the NVC receiving the application (NOA1) and the approval date (NOA2). Is all of this correct?

He was born in June of 1984, so he is 29 years old as of August 1, 2013. So his current CSPA age is 25 by my calculations. Accordingly, when the NVC sent papers for further processing for my aunt's case last month my cousin was not included.

Is there anything I'm missing here that would still allow my cousin to be included on my aunt's visa petition? My mom wants to contact an attorney for reassurance that there is absolutely nothing we can do, although I doubt they'd have anything to tell us that we don't know, or that I can't learn from asking on here.

I'd also like to know how the process would go with my aunt petitioning my cousin in the future if he is unable to come over with her. I assume she would have to become a legal permanent resident first, so how long might it take for her to become an LPR? If my aunt then petitions my cousin as an unmarried child over 21 would my cousin be able to retain his original priority date of November 2000 or would he get a new priority date from when the new application is received? And if he is able to retain his original priority date I guess he would be able to come over as soon as his application is approved? Finally, do you have any idea how long visa applications take to be approved these days, and can it differ depending on the country you're coming from? It took four years for my aunt's petition to be approved so I'm wondering if there would be a similar waiting time now.

I guess my mom just wants some positive news that she can give to my cousin, even if it is only that he can keep his original priority date once he is petitioned by his mom after she becomes an LPR. If not it would be quite unfortunate as I suspect that it may be another decade plus wait since he and my aunt reside in the Philippines. If that is the case then I guess that there would be nothing else we can do to help him come over any sooner, but I would really like to make absolutely sure that there is nothing we are overlooking. Any help you can give is greatly appreciated.

New petition, new PD.

I think there was a second marriage of your aunt ? Because the current PD for F3 Philippines is Dec 1992 and your aunt's PD of 2000 is still far off.

Your aunt can file a petition for your cousin as soon as she gets her GC. When she becomes a USC she can upgrade the category from F2B to F1.

[VashTheStampede 0]

New PD, I see.

And my aunt is a widow, her husband passed away ten years before she was petitioned and she falls under F1 preference class. Thanks for the information guys.

Edited August 16, 2013 by VashTheStampede

[aaron2020 11,651]

There is nothing that can be done to help your cousin.

Your cousin's CSPA age is 25. He cannot be included in the petition for his parent. Nothing can be done to change this.

No retention of Priority Date. I already told you that the US Supreme Court is reviewing this.

A lawyer will gladly take your aunt's money. He wouldn't be able to change anything, but he will be glad to take her money.

If the US Supreme Court rules in favor of retaining PD, then your cousin has a chance. Until the ruling, there is nothing that can be done to change things for your cousin.