CSPA F4 urgent

[mrsrmhr 0]

My brother (US citizen) applied for our immigration case in 2001 under F4 category.

I want to inquire about my daughter.

She is exactly 20 years, 11 months and 15 days at present,
and she is unmarried.

My daughter’s Date of Birth is: 16th OCTOBER 1991

The Priority date is: 20 Aug 2001

The PAOSF I-130 UNIVERSAL Approval letter: 24 Aug 2010

We have paid the Immigrant Visa Fees (Dated: 23 FEB 2011)
And submitted DS230 Form to NVC about a year ago

I want to inquire whether that CSPA (Child Status Protection Act) is applicable in her Immigration Case?

Can she accompany us? We will probably be getting our immigrant visas at the end of 2013 (Expected to receive visa numbers in the month of October or November 2013 bulletin; as inquired from NVC)

If not? When can she possibly join us at U.S? any way out? How long will it take?

Is it essential or beneficial to appoint lawyer to present her case before NVC/US Embassy etc?

Also, I want to inquire whether we have to apply or inform NVC/ US Embassy about the CSPA or age freeze out of my daughter at the time of interview? or some time before that?and how can we talk to them about CSPA?

and how can we inform them? or we have to claim for it or send some application?

Waiting for Quick Response !

[apple21 953]

If not? When can she possibly join us at U.S? any way out? How long will it take?

Once you (the parent) entered the US, you can file i-130 for your daughter.

She will be under the F2B category [unmarried son/daughter (21 years of age or older) of Permanent Residents].

Waiting time varies, depending on your daughter's home country:

Mexico = 19 years

Philippines = 10 years

China = 7 years

India = 7 years

The rest of the world = 7 years

Source: http://travel.state.gov/visa/bulletin/bulletin_6062.html

She has to remain unmarried during the entire F2B process. Marriage will void the F2B petition. LPRs cannot petition their married children. Only US citizens can file for their married children.

Edited October 4, 2013 by apple21

[mrsrmhr 0]

She is exactly 20 years, 11 months and 15 days at present,
and she is unmarried.

My daughter’s Date of Birth is: 16th OCTOBER 1991

The Priority date is: 20 Aug 2001

The PAOSF I-130 UNIVERSAL Approval letter: 24 Aug 2010

We have paid the Immigrant Visa Fees (Dated: 23 FEB 2011)
And submitted DS230 Form to NVC about a year ago

I want to inquire whether that CSPA (Child Status Protection Act) is applicable in her Immigration Case?

Can she accompany us? We will probably be getting our immigrant visas at the end of 2013 (Expected to receive visa numbers in the month of October or November 2013 bulletin; as inquired from NVC)

[rado 0]

Yes, your daughter should get CSPA. You should write to NVC to requesting this. But are you sure 2010 is your approval date ? The approval date is normally a few years after the priority date. In my case it is 5 years. That is the date on the i797. If your daughter's name is not on the interview letter, still let her come to the embassy and wait outside. They may ask that you bring her in or let her come back the following day. Do not give up. Research CSPA on this forum and other forums.

[F2aSonofLPR 15]

My brother (US citizen) applied for our immigration case in 2001 under F4 category.

I want to inquire about my daughter.

She is exactly 20 years, 11 months and 15 days at present,

and she is unmarried.

My daughter’s Date of Birth is: 16th OCTOBER 1991

The Priority date is: 20 Aug 2001

The PAOSF I-130 UNIVERSAL Approval letter: 24 Aug 2010

We have paid the Immigrant Visa Fees (Dated: 23 FEB 2011)

And submitted DS230 Form to NVC about a year ago

I want to inquire whether that CSPA (Child Status Protection Act) is applicable in her Immigration Case?

Can she accompany us? We will probably be getting our immigrant visas at the end of 2013 (Expected to receive visa numbers in the month of October or November 2013 bulletin; as inquired from NVC)

If not? When can she possibly join us at U.S? any way out? How long will it take?

Is it essential or beneficial to appoint lawyer to present her case before NVC/US Embassy etc?

Also, I want to inquire whether we have to apply or inform NVC/ US Embassy about the CSPA or age freeze out of my daughter at the time of interview? or some time before that?and how can we talk to them about CSPA?

and how can we inform them? or we have to claim for it or send some application?

Waiting for Quick Response !

Based on the info that you provided, your daughter is eligible for CSPA.

http://travel.state.gov/visa/immigrants/info/info_3744.html

"There is also a law called the Child Status Protection Act (CSPA), which applies to a narrow range of cases and may allow the principal applicant's son or daughter to remain eligible under this petition. At the time of the parent's visa interview, the consular officer will determine whether or not CSPA is applicable in your particular situation."

[Billyk 6]

Seems to me she is and the Consulate have to be looking at the minor dependents. Normally they do serve you CSPA Formula Sheet but you can try this calculation as well.

http://cspasolution.com/

Thanks and good luck!!!!!!

[NigeriaorBust 4,087]

If your daughter was born in 91 she is at least 21 and will be 22 this year

[Mark88 184]

If your daughter was born in 91 she is at least 21 and will be 22 this year

I don't understand that either. The OP's daughter is already wayyy over 21 if born 1991.

[rado 0]

For those that may not understand, this is what CSPA is about - it protects the child, who is now an adult, because of the long wait time. There is an actual age and there is a CSPA age, so even if the child is over 21, the CSPA age can actually be less than 21. The actual age, minus the difference between the priority date and approval date will give you the CSPA age. You will see a thread on CSPA on this family forum and on other forums, and other info pertaining to CSPA on the internet.

[NigeriaorBust 4,087]

I understand CPSA if it comes into play it looks like a 9 year padding I also understand 1st grade math and 2013 --1991 = 22 so the girl turns 22 this year not 21. which makes her 21 years 11 months and 16 days ( good thing immigrants don't have to show first grade skills )

[rado 0]

My niece was 24 years and 3 months old the day of her interview, but her CSPA age was 18, and she was able to do interview with her parents and other siblings. Although she was past 21, her CSPA age was less than 21. Worked out well. If this person's approval from USCIS did take that long, then her daughter's CSPA age is in the teens. CSPA has certainly helped many families and young adults.

[Mark88 184]

For those that may not understand, this is what CSPA is about - it protects the child, who is now an adult, because of the long wait time. There is an actual age and there is a CSPA age, so even if the child is over 21, the CSPA age can actually be less than 21. The actual age, minus the difference between the priority date and approval date will give you the CSPA age. You will see a thread on CSPA on this family forum and on other forums, and other info pertaining to CSPA on the internet.

So out of curiousity: How old is the OP's daughter according to CSPA?

[NigeriaorBust 4,087]

So from what is currently posted it appears 9 years of CPSA may come into play so the girl is only a teenager for immigration purposes.

[khansarwar96 0]

Dear sir,

You do not need to inform NVC but take your daughter with you to the interview even if her name not mentioned on I/L. We also faced this type of situation they asked for my sister PCC she was 25 at the time of interview. Unfortunately her name was not mentioned on I/L so we didn't took her to the embassy and her right to apply under CSPA was ceased so the 1st interview is ur only chance other wise this opportunity would cease.

[Billyk 6]

Dear sir,

You do not need to inform NVC but take your daughter with you to the interview even if her name not mentioned on I/L. We also faced this type of situation they asked for my sister PCC she was 25 at the time of interview. Unfortunately her name was not mentioned on I/L so we didn't took her to the embassy and her right to apply under CSPA was ceased so the 1st interview is ur only chance other wise this opportunity would cease.

+1