Still confused with CSPA.

[bca94 0]

Hi

I've been reading and reading the CSPA to see whether my case is covered by it or not and I'm still not sure. So I prefer to ask you people here to be clear once and for all.

My U.S. citizen aunt petitioned my mother for a green card in the 90's (prior enactment of CSPA). We are still waiting for her PD to become current.

Do I, as a derivative beneficiary, qualify for CSPA?

Thank you

[NigeriaorBust 4,087]

You take the priority date ( the date the petition was recieved ) and the date that the petition was approved

For example petition rec. 01 jan -2001

petition appvd 01-jan- 2008

Subtract approved from rec in my example 7 years ( you will probably be dealling with months and days also

Take this time and subtract it from your current age

If when it is time for the visa for your mother if your cpsa age is young enough you are still included so with my numbers you could be 21 +7 years and still a CHILD

[bca94 0]

I'm not asking how to apply the CSPA. I'm asking whether CSPA covers my situation or not. I am confused with one of the requirements in order to be covered by CSPA:

Must be the beneficiary of a pending or approved visa petition on or after August 6, 2002.

My mother's petition was approved in the 90's, before the enactment of CSPA. Does CSPA cover my situation or not?

Edited August 26, 2013 by bca94

[aaron2020 11,651]

CSPA applies to you. Your mother had an approved petition on Aug. 6, 2002, so CSPA applies.

Whether your CSPA age is under 21 is for a CSPA calculator to tell you. If your CSPA age is under 21, then you qualify as a dericative beneficiary. If your CSPA age is over 21, then you do not qualify as a dericative beneficiary.

Edited August 26, 2013 by aaron2020

[bca94 0]

CSPA applies to you. Your mother had an approved petition on Aug. 6, 2002, so CSPA applies.

Whether your CSPA age is under 21 is for a CSPA calculator to tell you. If your CSPA age is under 21, then you qualify as a dericative beneficiary. If your CSPA age is over 21, then you do not qualify as a dericative beneficiary.

The reason why I had this confusion is because I always understood that requirement as that you had to have your petition approved on or after August 6, 2002 (approved on that day or after) and that anything approved prior that date doesn't count. So I'm wrong in this?

[aaron2020 11,651]

The reason why I had this confusion is because I always understood that requirement as that you had to have your petition approved on or after August 6, 2002 (approved on that day or after) and that anything approved prior that date doesn't count. So I'm wrong in this?

You're wrong.