Am I covered by CSPA?

[KeyraO 0]

I am derivative of a family based petition. I was listed as a "person who will follow you to the United States" in the Ds-230 of my parents, I didnt fill any DS-230 for me because I wasnt going travel along with my parents "now"but later. They filled that back in 2010 when I was 22 and 1 month old, then everything retrogressed almost 2 years back. The petition took 9 months in get approved, so with the CSPA adjusted age I was "21 years and 3 months" by the time my parents sent the DS-230, all this time my parents thought that I wasnt covered by CSPA but when their interview came days ago and now they think Im covered because in the consulate told them them that I was included as a derivative and that if they want me to go to the USA they have to sent my birth certificate to the consulate next week because I could get a green card very fast. I dont know if this means that im covered by cspa or if its means nothing, my parents are going to send the certificate next week, but I just want to know if I can go to the USA because all this time we thought I couldnt. What can you tell me?

[Luis Leon 4]

Hi Keyra, I am sorry but my best guess is you never was under the child category as you told us. At the start your application was filled after you turn 21. That kills any chance.

To get CSPA coverage you must have at least a I-130 filled directly from a US citizen before you turn 21 or a I-130 filled from a LPR and substract the time that application was at USCIS from your DOB at the moment of the interview and travel before you turn 21.

In any case you have not meet the requirements to be covered by CSPA.

[aaron2020 11,651]

If the US Consular Officer told your parents you may qualify for CSPA benefit, take him at his words and apply for a visa. All you got to lose is the filing fee.

Edited February 21, 2014 by aaron2020

[Mark88 184]

I agree, if the CO told your parents to do so, this might be your chance to immigrate with them. I would get everything together asap.

[amandaciar22 1]

Good day!

I'd like to ask

About the petition of my aunt to my dad(f4) at this moment my dad is a US citizen, I wanted to ask because when they filled up a DS-230 form way back 2004 I was listed in the persons who will follow to the US at a later date.

My dads PD is 02jun1981

My DOB is 22july1980

Im still searching for his Petitions Approval date

I also wanted to know how to calculate cspa age

My parents had their visa way back 2005 and left for US at the same year, I wanted to ask if there is a way we could find out if

"I qualified in my parents petition as a derivative beneficiary? " though this was a long time ago, still i want to find out whether we can still do something about it or not.

" I still want to know if there is a CHANCE I was a beneficiary and if there is something we could do to claim something, if there is..

Thank you and hopefully someone could shed some light.