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skyland235

CSPA Queries/ ''AGED OUT'' Daughter...is she eligible-

By skyland235 in Bringing Family Members of US Citizens to America

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skyland235 Contributor

skyland235   0

Posted
Filed: F-3 Visa Country: United Kingdom
 Timeline
Posted

hello
My eldest daughter (Now 22yrs old)- was 11 yrs old when my petitioner ( my mother who is a US Citizen) filed our F3 Visa immigration paperwork...
As she had apparently 'aged' out her name did not then appear later when we paid our NVC filing fees a few months ago(DS-260 etc)
Having done some recent research my daughter certainly qualifies on the age calculation for CSPA BUT my query is if CSPA is applicable to her as i am confused by what CSPA term a beneficiary and derivative beneficiary... are both included??
I guess i would be the main beneficiary for my mothers F3 visa application as i am the married daughter over age 21....how is my daughter classed ? As i said on the original petition she was included and was aged 11 yrs old at the time
any help/advice would again be greatly appreciated
thanks

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

Google "CSPA calculator" and see if she actually does qualify for CSPA protection.

CSPA does apply to derivative beneficiaries.

Given that F3 has an approximate 12 year wait then she probably aged-out, but you'd need to use a calculator to find out for sure.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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skyland235 Contributor

skyland235   0

Posted
Filed: F-3 Visa Country: United Kingdom
 Timeline
  • Author
Posted

Google "CSPA calculator" and see if she actually does qualify for CSPA protection.

CSPA does apply to derivative beneficiaries.

Given that F3 has an approximate 12 year wait then she probably aged-out, but you'd need to use a calculator to find out for sure.

hi

thanks for the reply- yes- i used the calculator and although my daughter is 22 yrs old now- in the CSPA calcuator- she has approx another 4 years before age out...

however, she is no longer on our petition so i need to somehow get her back on it

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Inform the NVC that your daughter still qualifies under CSPA, and they should add her back if she qualifies.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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rsarora Newbie

rsarora   0

Posted
Filed: F-3 Visa Country: India
 Timeline
Posted

F3 Category India

Priority Date November 05, 2004

Approval date: April 29, 2010

DOB: Feb 06, 1993

Date Visa Bulletin became Current: March 10, 2016

Does she qualify for CSPA. The case was complete without her name so I called NVC and they put it under CSPA review. How long does it take for CSPA review by NVC?

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Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

If those dates are accurate then the beneficiary is still eligible under CSPA.

Six years seems like a long time for it to be pending, though.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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rsarora Newbie

rsarora   0

Posted
Filed: F-3 Visa Country: India
 Timeline
Posted

If those dates are accurate then the beneficiary is still eligible under CSPA.

Six years seems like a long time for it to be pending, though.

I have a notice of Action, I 797 thats says Notice Type: Approval notice. Notice Date: April 29, 2010. Priority Date: November 5, 2004. It says..... The above petition has been approved. We have sent the original petition to the Department of State National Visa Center(NVC).

Is this the correct form to determine the case approval and pending timeline wait?

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skyland235 Contributor

skyland235   0

Posted
Filed: F-3 Visa Country: United Kingdom
 Timeline
  • Author
Posted

I have a notice of Action, I 797 thats says Notice Type: Approval notice. Notice Date: April 29, 2010. Priority Date: November 5, 2004. It says..... The above petition has been approved. We have sent the original petition to the Department of State National Visa Center(NVC).

Is this the correct form to determine the case approval and pending timeline wait?

Rsarora- can you please start your own thread if you have questions specific to you as otherwise it will get confusing!!

with regards my own original posting - i have contacted NVC and am awaiting their reply and will update here when i have a response

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