CSPA Clarification

[f10295 0]

Hello,

US Citizen here. Petitioned for my sister and her family on 7/16/2002 and the petition was subsequently approved on 10/13/2009.

Last month in June 2013, I was invoiced for her Affidavit of Support.

My sister has three children with whom the petition was filed. Under the Child Status Protection Act, I believe the youngest of the three is still eligible to be included on the visa application.

Visa Petition Approval Date: 10/13/09

Less: Visa Petition Filing Date: 7/16/02

Time the case was pending with the U.S. Citizenship Immigration Services: 7.24 years

The youngest child has a DOB of 11/4/1991 and is currently 22 years old. I believe he is still eligible under the CSPA?

Although not invoiced yet, when I logged in to pay the AOS fee, the IV application processing fees only lists my sister and her husband.

I wrote to the NVC (nvcinquiry@state.gov) on July 1st but have yet to receive a reply. I have tried calling (603-334-0700) several times and the line never connects. It automatically disconnects without ringing.

A couple of questions:

1) Am I correct in thinking that the youngest child is still eligible under CSPA?

2) The other two children are now 30 and 28 years old, respectively. They have both "timed out" and don't fall under the CSPA, correct? I read somewhere that they now are moved into another category but retain the same priority date?

3) How do you recommend I contact the NVC?

Thank you very much in advance.

Edited July 22, 2014 by f10295

[jolly786 96]

Hello,

US Citizen here. Petitioned for my sister and her family on 7/16/2002 and the petition was subsequently approved on 10/13/2009.

Last month in June 2013, I was invoiced for her Affidavit of Support.

My sister has three children with whom the petition was filed. Under the Child Status Protection Act, I believe the youngest of the three is still eligible to be included on the visa application.

Visa Petition Approval Date: 10/13/09

Less: Visa Petition Filing Date: 7/16/02

Time the case was pending with the U.S. Citizenship Immigration Services: 7.24 years

The youngest child has a DOB of 11/4/1991 and is currently 22 years old. I believe he is still eligible under the CSPA?

Although not invoiced yet, when I logged in to pay the AOS fee, the IV application processing fees only lists my sister and her husband.

I wrote to the NVC (nvcinquiry@state.gov) on July 1st but have yet to receive a reply. I have tried calling (603-334-0700) several times and the line never connects. It automatically disconnects without ringing.

A couple of questions:

1) Am I correct in thinking that the youngest child is still eligible under CSPA?

2) The other two children are now 30 and 28 years old, respectively. They have both "timed out" and don't fall under the CSPA, correct? I read somewhere that they now are moved into another category but retain the same priority date?

3) How do you recommend I contact the NVC?

Thank you very much in advance.

dont wry..during interview he will get visa............

[sachin1 42]

Call NVC you will get connected. sometime you have to call like 20 time once you are in you have to wait for 30-45 min.

But most all time agent on other line is very helpful.

about cspa. I have called them twice and ask them but they just says we don't know wait till they get visa call. But my case is different then your.

send $88 fee right away via their website. then start calling them.

[Hypnos 6,576]

It took seven years for the I-130 to be approved? That seems unlikely...

[f10295 0]

Call NVC you will get connected. sometime you have to call like 20 time once you are in you have to wait for 30-45 min.

But most all time agent on other line is very helpful.

about cspa. I have called them twice and ask them but they just says we don't know wait till they get visa call. But my case is different then your.

send $88 fee right away via their website. then start calling them.

I paid the $88 fee last month. My question is then should I include the child's name on the AOS form where I list family members?

It took seven years for the I-130 to be approved? That seems unlikely...

I'm going off my notes but I believe those dates are correct. Is there somewhere I can look them up to confirm?

[NigeriaorBust 4,087]

The older ones will need new petitions and get new dates. There has been no changes to benefit aged out children yet.

[lam0279 0]

Hello,

US Citizen here. Petitioned for my sister and her family on 7/16/2002 and the petition was subsequently approved on 10/13/2009.

Last month in June 2013, I was invoiced for her Affidavit of Support.

My sister has three children with whom the petition was filed. Under the Child Status Protection Act, I believe the youngest of the three is still eligible to be included on the visa application.

Visa Petition Approval Date: 10/13/09

Less: Visa Petition Filing Date: 7/16/02

Time the case was pending with the U.S. Citizenship Immigration Services: 7.24 years

The youngest child has a DOB of 11/4/1991 and is currently 22 years old. I believe he is still eligible under the CSPA?

Although not invoiced yet, when I logged in to pay the AOS fee, the IV application processing fees only lists my sister and her husband.

I wrote to the NVC (nvcinquiry@state.gov) on July 1st but have yet to receive a reply. I have tried calling (603-334-0700) several times and the line never connects. It automatically disconnects without ringing.

A couple of questions:

1) Am I correct in thinking that the youngest child is still eligible under CSPA?

2) The other two children are now 30 and 28 years old, respectively. They have both "timed out" and don't fall under the CSPA, correct? I read somewhere that they now are moved into another category but retain the same priority date?

3) How do you recommend I contact the NVC?

Thank you very much in advance.

Hi,

I'm in the same situation as urs. We are petitioning for my brother's family. One of his children is over 21 but should be eligible under CSPA. This over 21 child's name is not listed anywhere in AOS or Visa Application fees.

When filling out the AOS, did you put the aged out child in the AOS even if his name is not listed on the invoice or visa application fees?

Thanks

[apple21 953]

I'm going off my notes but I believe those dates are correct. Is there somewhere I can look them up to confirm?

Check the i797c Notice of Action form for the priority date.

Check the i797 Notice of Action form for the approval date.

[f10295 0]

Hi,

I'm in the same situation as urs. We are petitioning for my brother's family. One of his children is over 21 but should be eligible under CSPA. This over 21 child's name is not listed anywhere in AOS or Visa Application fees.

When filling out the AOS, did you put the aged out child in the AOS even if his name is not listed on the invoice or visa application fees?

Thanks

I haven't filled out the AOS yet, that's my question in the opening post.

Check the i797c Notice of Action form for the priority date.

Check the i797 Notice of Action form for the approval date.

Either available online? I can dig through my papers if not.

[apple21 953]

Either available online? I can dig through my papers if not.

The actual paper is best.

[f10295 0]

It took seven years for the I-130 to be approved? That seems unlikely...

Check the i797c Notice of Action form for the priority date.

Check the i797 Notice of Action form for the approval date.

The actual paper is best.

I checked and the dates are correct.

[f10295 0]

Received this reply in regards to #1 in my opening post:

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

Currently, this case cannot be reviewed for applicability of the Child Status Protection Act (CSPA) for *****, as there is no visa number available according to this case's priority date and visa category.

So if the determination will be made at the interview, do I file the I-864 and DS-260 with no mention of the child in question?

[apple21 953]

Received this reply in regards to #1 in my opening post:

So if the determination will be made at the interview, do I file the I-864 and DS-260 with no mention of the child in question?

If CSPA will be determined at the interview then the child should be included in the AOS and IV forms. His/her civil documents should also be submitted to NVC and he/she will also do the medical exam.

Right now, they cannot compute for the CSPA age because the priority date is not yet current.

[f10295 0]

If CSPA will be determined at the interview then the child should be included in the AOS and IV forms. His/her civil documents should also be submitted to NVC and he/she will also do the medical exam.

Right now, they cannot compute for the CSPA age because the priority date is not yet current.

So right now, the child in question isn't one of the names listed on the NVC website. You're saying to add their name anyway on the AOS and DS-260? How can I pay his fees for the DS-260?

[apple21 953]

So right now, the child in question isn't one of the names listed on the NVC website. You're saying to add their name anyway on the AOS and DS-260? How can I pay his fees for the DS-260?

Really? That's beyond me. Better to call NVC directly. Sorry.