Age out F4 derivative

[sherwinbernabe 0]

Hi, I don't want to make my post long but here are the important details.

Category: F4 (My uncle, US Citizen petitioned us)

Derivaties: Mom(Main beneficiary), Dad, My brother, Me

Date petition was filed: April 1994

Date when USCIS approved: October 7, 2016

Priority date according to visa bulettin: October 2016

Country of origin: Philippines

My birthday: Dec 11, 1989

Age when petition was filed: 4 yrs old

Age today: 26

Total yrs of waiting: 23 yrs

Marital status: Unmarried

Current petition status: AGED OUT

Questions:

1. Under the CSPA and the US law, can i still go with my parents to get a US visa?

2. If not, If my parents continue their journey to the US and become greencard holders, can they petition me and move to the F2B category?

3. If yes, would I need to restart my petition(10 years or more?) or would there be a chance that I retain my parents' priority dates and have a faster waiting period?

Thank you in advance for your response.

[aleful 1,905]

hi

the officer at the interview would have the final decision and calculate CSPA and if you have aged out or not,

if not they would enter the country and file a new petition, you can't maintain your parent's priority date, you will have a new priority date and the 10 or more years of waiting would start from that date

you wouldn't be able to marry until the petitioner of your new petition became a USC

[sherwinbernabe 0]

hi

the officer at the interview would have the final decision and calculate CSPA and if you have aged out or not,

if not they would enter the country and file a new petition, you can't maintain your parent's priority date, you will have a new priority date and the 10 or more years of waiting would start from that date

you wouldn't be able to marry until the petitioner of your new petition became a USC

As I have searched, my name was not included. But my parents are still there. Can I still go with for the interview?

[kzielu 1,149]

Looking at your dates it does not look like CSPA applies to you.

[Unlockable 7,315]

As I have searched, my name was not included. But my parents are still there. Can I still go with for the interview?

Unfortunately no.

You can accompany them for support but you will not be interviewed for a visa.

Edited October 20, 2016 by NuestraUnion

[Jojo92122 1,924]

Hi, I don't want to make my post long but here are the important details.

Category: F4 (My uncle, US Citizen petitioned us)

Derivaties: Mom(Main beneficiary), Dad, My brother, Me

Date petition was filed: April 1994

Date when USCIS approved: October 7, 2016

Priority date according to visa bulettin: October 2016

Country of origin: Philippines

My birthday: Dec 11, 1989

Age when petition was filed: 4 yrs old

Age today: 26

Total yrs of waiting: 23 yrs

Marital status: Unmarried

Current petition status: AGED OUT

Questions:

1. Under the CSPA and the US law, can i still go with my parents to get a US visa?

2. If not, If my parents continue their journey to the US and become greencard holders, can they petition me and move to the F2B category?

3. If yes, would I need to restart my petition(10 years or more?) or would there be a chance that I retain my parents' priority dates and have a faster waiting period?

Thank you in advance for your response.

Please check the approval date. There is no way that it took 23 years to approve the I-130. You definitely got this wrong.

1. CSPA will not help you if it took less than 6 years for the I-130 to be approved. If more than 6 years, then you may have a chance.

2. Your parent would file a new petition for you which means a new case. You do not move from this case to an F2B. It's unrelated.

3. The US Supreme Court has already answered this question - you do not get to retain your parent's PD with a new case. There is no petition for you to "restart." You do not get a faster waiting period versus others F2b beneficiaries. With a new F2b case, you get a new PD, and you go to the back of that line like everyone else.

As I have searched, my name was not included. But my parents are still there. Can I still go with for the interview?

No. You will not be allowed into the US Embassy without a visa application.

[sherwinbernabe 0]

Hi sir Jojo,

First of all, thank you so much for your time in answering my questions. I realized my dates were invalid.

October 7 2016 - when we got the letter from NVC that they received the APPROVED petition.

Now, my problem is to discover when was it approved. Does the embassy have files about the dates of the timeline? I only have the case number and invoice number for my parents. Since I cant go to the embassy as per advise, how can I contact them? Thank you in advance

[Boiler 46,122]

To make it clear you were not petitioned, your Mum was.

She can bring a spouse and children. Children within limitations.

[Jojo92122 1,924]

The NVC does not approve the I-130. USCIS approves the I-130. Once again, there is no way that it took 23 years to approve the I-130.

The approval notice was sent to the petitioner. Ask the petitioner.

Your parent can also ask at the interview for CSPA applicability to you. Make sure your parent ask about the approval date for the I-130.

[apple21 953]

The petitioner can call USCIS and ask for the date the i130 is approved. Your uncle will need to provide the receipt number. Or he can also check on the USCIS website.

[jamaicankim 89]

I think your parent may have gotten a welcome letter and not just been approved, base on your Pd and the visa bulletin you're in line for it. Check with Nvc and uncle just to make sure

[F4visa 4]

the CSPA only applies to cases filed after August 6 2002. That is date the law was enacted. If your case PD is before that date you cannot qualify .

[Jojo92122 1,924]

the CSPA only applies to cases filed after August 6 2002. That is date the law was enacted. If your case PD is before that date you cannot qualify .

Cases pending on August 2002 qualifies for CSPA.

CSPA applies to the case for the OP's parent. Whether his CSPA age is under 21 is another issue.

[samarsandhu 0]

what is ur current status ..did u get the visa or not ?