CSPA and Retrogression

[mhinemarlo 0]

Hi everyone,

I'm a new member here. I would like to seek some helpful advise, opinions and comments if I can still join to migrate with my parents in the United States. My grandfather is a US Citizen filed a petition to my father under F3 category Philippines.

We payed all required fees, submitted some documents to NVC before and during the retrogression then the NVC replied us that we must wait for our priority date to become current again for the schedule of our medical exam and visa interview.

My question is am i still eligible for CSPA? how should i compute my age under cspa? and what Priority date should i use, is it the first priority date? or the second priority date after retrogression that we are still waiting to be current again? Does my age freeze? how about the seek to acquire within one year of visa availability if there is no 12 months before it retrogress?

Here are some info's regarding in our petition

MARCH 17, 1993 - Visa petitioned filed

MARCH 31, 1993 - Visa petitioned approved

OCTOBER 23, 1989 - My Birth day

JULY 1, 2010 - Priority Date became available

DECEMBER 1, 2010 (RETROGRESSION)

I have found a CSPA calculator that shows that my CSPA is below 21 years of age when our first priority date became current before it retrogress.

Date of Birth : 10/23/1989

Priority Date: 03/17/1993

Approval Date: 03/31/1993

Visa Bulletin Current Date: 07/01/2010

Petition Pending Duration: 0 Years 0 Months 15 Days

Actual Age when Visa Became Available: 20 years 8 months 39 days

CSPA Age: 20 Years 7 months 24 days

I am just confused with "seek to acquire" within one year of the visa availability date if there is no one year of visa availability due the priority date retrogress.

I found an article regarding in CSPA under retrogression in

http://www.philstar.com/opinion/608884/did-you-seek-acquire-visa-your-child-under-cspa

Here's the CSPA calculator website where i computed my CSPA age:

http://cspasolution.com/

http://www.engnishimura.com/sites/CSPA-Calculator.php

Hope you guys could help me to enhance and understand it more if I am still eligible under CSPA because i really want to join with my parents and relatives.

Many thanks and God Bless!

[Pitaya 2,577]

~Moved from Introducing our Members to Bringing Family Member of US Citizens to America Forum~

[aaron2020 11,651]

Did you file the DS-230 before the PD retrogressed?

If yes, then your CSPA age was locked when the PD first became current.

If no, then your CSPA age was not locked when the PD first became current and will be calculate when the PD becomes current again.

If you disagree with the US government's definition of "sought to acquire," then you would need to sue the US government in court.

[mhinemarlo 0]

Did you file the DS-230 before the PD retrogressed?

If yes, then your CSPA age was locked when the PD first became current.

If no, then your CSPA age was not locked when the PD first became current and will be calculate when the PD becomes current again.

If you disagree with the US government's definition of "sought to acquire," then you would need to sue the US government in court.

Many thanks to your reply Sir.

[mhinemarlo 0]

Did you file the DS-230 before the PD retrogressed?

If yes, then your CSPA age was locked when the PD first became current.

If no, then your CSPA age was not locked when the PD first became current and will be calculate when the PD becomes current again.

If you disagree with the US government's definition of "sought to acquire," then you would need to sue the US government in court.

I can't recall when my grandfather filed the DS 230 part I but we already paid all the fees and submitted documents before it retrogress and during retrogression.

What about the Step 2: The qualifying child must “seek to acquire” his or her visa within one year of visa availability If the priority date was available from July 2010 to November 2010 the visa availability was available only for 4 months due to retrogression on December 2010?

Does any one knows other articles, columns or forum with some similarity of this case?

Many thanks!

[aaron2020 11,651]

I can't recall when my grandfather filed the DS 230 part I but we already paid all the fees and submitted documents before it retrogress and during retrogression.

What about the Step 2: The qualifying child must “seek to acquire” his or her visa within one year of visa availability If the priority date was available from July 2010 to November 2010 the visa availability was available only for 4 months due to retrogression on December 2010?

Does any one knows other articles, columns or forum with some similarity of this case?

Many thanks!

Step 2 doesn't matter if you did not meet Step 1 - file the DS-230 before retrogression.

Since you can't recall when your grandfather file the DS-230, then I can't give you an answer. This is Step 1.

Step 2 would only apply for the 4 months that the PD was current and the DS-230 was filed before retrogression.

Retrogression is not easy. You need to figure out if the DS-230 was filed and received before retrogression. Without this information, your question about CSPA applying to you can't be answered.

[aaron2020 11,651]

You state you "really want to join your parents." Have they already immigrated? When? Exact date.

[keniscute29 0]

HELLLLLLPPPP CSPA AGING OUT?

To visajourney people, Im so sorry if i posted here. Iam a newbie here, don't know how to post thats why I replied to this topic. Iam very concern and worried about my case . I think its very sensitive. I don't know if Iam still be covered by CSPA.

Here's my info:

-My mother (LPR) filed a petition on me ( I was below 21 years old that time)

-BIRTHDAY: November 29, 1990

-PRIORITY DATE: October 5, 2011

-APPROVAL DATE (by USCIS): June 20, 2013

-I've paid all fees, AOS and IV fees.

-NVC CASE Completed on November 29, 2013 (however I received a checklist instructing me to bring AOS on the interview and that would be less than a week now)

-VISA BULLETIN-case become current I think in July up to September.

Iam very sad because its like we're wasting time and effort here. So please give me some advice on what to do and please help me understand if iam still eligible for CSPA. All help is highly appreciated...

[Hypnos 6,578]

Good news.

I plugged your information into this CSPA calculator: http://www.***removed***/immigrant-visa/cspa-calculator/ and your CSPA age came out to be just under 21 (your priority date became current in July 2013).

In short, you are still considered a child under CSPA and should be able to obtain your immigrant visa through your mother's petition.

Edited January 16, 2014 by Hypnos

[keniscute29 0]

@HYPNOS

Really? wow.. if that would be true i will be so happy, I really wana be with my mom soon ... I still have a problem Hypnos... I submitted my DS 260 paper based in between july and august and my PD was still CURRENT that time.. Unfortunately, I received an email from NVC at around October (wherein some visajourney member said that F2A retrogressed around October) and NVC was telling me to submit DS 260 online, so I submitted that on October 12, 2013... so I dont know if my age will be locked at around July when my PD became current or not, because i submitted my ONLINE DS 260 in October, wherein they said that there is F2A retrogression...

[Hypnos 6,578]

Your CSPA age is locked the first time your priority date becomes current provided you initiated NVC processing and paid their fees, but if it later retrogresses then you must wait until it becomes current once again before it can actually be issued.

Edited January 16, 2014 by Hypnos

[hnqp 0]

Please help me wit my case.

I'm from the Philippines, petitioned by my mother LPR. Petition was filed in 2012. My priority date is May 30, 2012. All fees were already paid. I have submitted all required documents (DS 260, affidavit of support, police clearance, passport, etc). Last March 31, 2014 NVC emailed me and informed me that they have finished reviewing my case and that I should wait when an interview is available for me. I have some missing items (mother's proof of employment) but according to the letter, I should bring it to the interview and the Consular Officer will be the one to review it.

April 30, 2014 -- I did not receive interview letter after a month. I requested my case to be expedited since I am turning 21 years old on July 11, 1993 (2 months from now). It was denied for reasons I dont know.

The current visa bulletin for f2a is Sept 13, 2013. Hence, my case is current.

However, next month (June 2014), it will be May 01, 2012.

Can I be covered by CSPA? Please help.

[Hypnos 6,578]

Yes.

[hnqp 0]

Yes.

Thank you so much!