CSPA does it apply to me?

[Gab Doromal 1]

Good day!

I would like to ask for your help about our visa application. We currently live in the Philippines and My grandmother applied for an F1 visa for my mother (as the principal) and me as a company but me and my mom are worried that i may not be able to get a visa on our interview because i am already 21 years old. And I read the law about a person aging out. Our visa became available at 2012 and was only able to process the visa application this year. Does the CSPA apply to me? Or am i already aged out. Also, my brother who's already 26 years old got an email from NVC telling him to also apply for the visa. We were shocked that they included him because he is already over 21 years old. Does this mean something? and what do you think will happen to our case?

[aleful 1,905]

hi

you might still get it, your brother who knows, the officer at the interview has the final decision

[aaron2020 11,651]

Give me specific dates and I will help you figure out CSPA.

Priority Date.

Date I--130 was approved.

Your birthdate.

Your brother's birthdate.

[Gab Doromal 1]

hi

you might still get it, your brother who knows, the officer at the interview has the final decision

hi

you might still get it, your brother who knows, the officer at the interview has the final decision

Do i have to apply for it or will it apply to me automatically?

Give me specific dates and I will help you figure out CSPA.

Priority Date.

Date I--130 was approved.

Your birthdate.

Your brother's birthdate.

Where can i find the priority date?

[aaron2020 11,651]

The Priority Date can be found in the letters that the petitioner received from INS or USCIS.

[Gab Doromal 1]

The Priority Date can be found in the letters that the petitioner received from INS or USCIS.

Ill have to ask for it. All i know is that it was approved @ april 4 2014.

My birthdate is january 19 1995

my brothers birthday is dec. 4 1989

[aleful 1,905]

hi

you don't have to do anything, either you qualify or you don't

[Gab Doromal 1]

Im confused about the CSPA. Our visa is F1 which means (F1: Unmarried son or daughter (21 or older) of U.S. citizensm confused about our visa.) Im 21 and im a company of my mother who is the principal petion. Does this mean i havent aged out? Because our visa is F1

[aleful 1,905]

hi

no, the problem isn't your mom who is the beneficiary. age isn't a factor for your mom as long as she remains unmarried, she will get a GC regardless of her age

you and your brother are the issues as her derivatives, you are the ones that can age out

[Gab Doromal 1]

I see. But how come they still accepted and approved our application and reviewed the forms we submitted despite me and my brother being aged out?

[aleful 1,905]

hi

in the first place, it isn't a sure thing that you have aged out, as said before, you still may get a GC, especially for you that you just turned 21

your brother may have a more difficult situation as he is 26, the final decision is up to the officer at the interview, he will do the age calculation and see if each of you are covered by CSPA or not

[aaron2020 11,651]

I see. But how come they still accepted and approved our application and reviewed the forms we submitted despite me and my brother being aged out?

Because CSPA may apply. Without knowing the priority date, there is no way to tell you if it applies to you or your brother.

[Gab Doromal 1]

The priority date is aug 15 2002

Visa became available at april 4 2014

My birthday is jan. 19 1995

my brothers bday is dec 9 1989

[aaron2020 11,651]

The priority date is aug 15 2002

Visa became available at april 4 2014

My birthday is jan. 19 1995

my brothers bday is dec 9 1989

What's the I-130 approval date?

You can't have a visa that becomes available on any other date than the first of the month. It can't be the 4th of April. A PD of 8/15/2002 in the F1 category for the PI would have been current in the July 2014 VB. You are mistaking 4/4/2014 for something else. What happened on 4/4/2014? Was that when you were contact by USCIS for choosing an agent?

In order for CSPA to apply, the applicant must "take steps to acquire" a visa within a year of a visa becoming available. Did you do that? Did you file the DS-260 before July 1, 2015?

Edited July 13, 2016 by aaron2020

[Gab Doromal 1]

Unfortunately no. We were only able to fill up the forms this year because of delays in our documents. But i also read some rule that are given to those that were not able to take action in that 1 year period.