CSPA does it apply to me?

[Gab Doromal 1]

Im not exactly sure what day in 2014. All i know is that we received an email in 2014 saying that our petition was approved and told us to do the next stepm but unfortunately we were delayed because the documents we needed was not given to us on the dates we expected them

[aaron2020 11,651]

Im not exactly sure what day in 2014. All i know is that we received an email in 2014 saying that our petition was approved and told us to do the next stepm but unfortunately we were delayed because the documents we needed was not given to us on the dates we expected them

That's the email to choose an agent. That's not the I-130 approval date.

CSPA may not apply if you didn't file the DS-260 by July 2015.

[Gab Doromal 1]

We didint know we had to file a DS-260 back then cause iwas only 20y/o. I only turned 21 this january. Also is the I-130 approval is the day the applicaton was approved? If it is then our application was approved last feb 1 2016

[Gab Doromal 1]

Oh wait. We did submit a DS-260. The DS-260 was confirmed las feb 4 2016.

[Adil & Jeanne 296]

• If the petition (Form I-130, Petition for Alien Relative) was filed by a U.S. citizen parent for his or her child, the beneficiary’s age “freezes” on the date of filing.
• If the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized.

it doesn't matter when you filled out the DS 260 according to this site

your " age " was frozen at time of date of filing becasue of backlog of processing times

This information is taken directly from the Department of HOmeland Security Site under CSPA so you don't age out if under 21 when applied

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa

[aaron2020 11,651]

We didint know we had to file a DS-260 back then cause iwas only 20y/o. I only turned 21 this january. Also is the I-130 approval is the day the applicaton was approved? If it is then our application was approved last feb 1 2016

No. Nothing was approved on Feb. 1 2016. Most likely that was the day that the NVC said the case was completed on their end.

As the petitioner for the information.

[aaron2020 11,651]

• If the petition (Form I-130, Petition for Alien Relative) was filed by a U.S. citizen parent for his or her child, the beneficiary’s age “freezes” on the date of filing.
• If the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized.

it doesn't matter when you filled out the DS 260 according to this site

your " age " was frozen at time of date of filing becasue of backlog of processing times

This information is taken directly from the Department of HOmeland Security Site under CSPA so you don't age out if under 21 when applied

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act/child-status-protection-act-cspa

From your USCIS link;

Eligibility Criteria

• Must be the beneficiary of a pending or approved visa petition on or after August 6, 2002.
• The beneficiary must not have had a final decision on an application for adjustment of status or an immigrant visa before August 6, 2002.
• The child must “seek to acquire” permanent residence within 1 year of a visa becoming available. USCIS interprets “seek to acquire” as having a Form I-824, Application for Action on an Approved Application or Petition, filed on the child’s behalf or the filing of a Form I-485, Application to Register Permanent Residence or Adjust Status, or submit Form DS-230, Application for Immigrant Visa and Alien Registration from the Department of State. The date of visa availability means the first day of the first month a visa in the appropriate category was listed as available in the Department of State’s visa bulletin or the date the visa petition was approved, whichever is later.

Note: Individuals may be eligible to apply for permanent residence under CSPA after 1 year of a visa becoming available if all of the following are true:

• They are a beneficiary of a visa petition that was approved prior to August 6, 2002
• They had not received a final decision on an application for permanent residence based or immigrant visa on that visa petition prior to August 6, 2002
• The visa became available on or after August 7, 2001
• They met all of the other eligibility requirements for CSPA (see above)

Read these also;

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/vr/vr_info#moving

https://www.google.com/flights/

[aaron2020 11,651]

In response to the backlog, CSPA was passed. Aged out children must comply with the "seek to acquire" requirement within one year of the PD becoming current.

Search this website. I was part of several discussions about this a few years back.

Edited July 13, 2016 by aaron2020

[Hypnos 6,578]

No seek-to-acquire within one year probably means no CSPA, meaning your brother and yourself have aged-out and are ineligible to receive a visa through that petition.

[KayDeeCee 4,896]

~ Moved from K-1 Process to Bringing Family Members of US Citizens to America -topic not about K-1 visa process ~

[Gab Doromal 1]

Note: Individuals may be eligible to apply for permanent residence under CSPA after 1 year of a visa becoming available if all of the following are true:

They are a beneficiary of a visa petition that was approved prior to August 6, 2002

They had not received a final decision on an application for permanent residence based or immigrant visa on that visa petition prior to August 6, 2002

The visa became available on or after August 7, 2001

They met all of the other eligibility requirements for CSPA (see above)

How about this one?

[Gab Doromal 1]

Just to be clear we received a confirmation email on febuary 4 AFTER we paid and filled up the application form and then they requested for the needed documents (birth cert, etc) then the next step was wait for an interview schedule but insted of giving us a schedule they sent us an email telling my brother (who is 26) to also apply for the visa. I know this does this does not guarantee a visa but maybe the NVC know that they can apply the CSPA? Cause we really dont know why they asked my brother to apply because he has clearly aged out.

Edited July 13, 2016 by Gab Doromal