F4 and CSPA

[AdityaThakkar 0]

Hello all,

 

I am writing this post for my mom's F4 case filled by her brother.

 

My mom has 3 kids. one daughter and two sons.

 

DOB of daughter: 4th November 1988

DOB of elder son: 18th May 1992

DOB of younger son (i.e. Me): 30th June 1994

 

First I would provide timeline of our file processing and then I will raise my doubts.

 

TIMELINE

 

Petition Filled on: 9th April 2004

Petition Approved: 20th November 2009 (also received the letter saying it will take years for them to process file so do not  give up your jobs or make any travel arrangement as of now etc.)

Welcome Letter Received: 12th January 2016

 

I have read the definition of child as per USCIS which primarily says a kid has to be younger than 21 years and unmarried from here.

 

By the time we received welcome letter and we logged in to ceac.state.gov the tool had name of only two people i.e. of my parents, that's obvious all of three kids are aged out by that time. Then we came to know about CSPA, which can provide protection to unmarried aged out kids by subtracting the processing time taken from biological age. Since my elder sister is married she is not eligible for CSPA and my dad passed in July of 2013 and as per our local agent both the sons are eligible for CSPA so we sent a request letter to NVC to remove my dad's name and include name of two sons. 

 

Sent CSPA request letter with request to remove my dad's name: 1st February 2016 With that letter NVC removed my dad's name but they haven't included name of either of son.

 

Meanwhile we completed all the document work of my mom's case i.e. filled DS-260, paid $325 fees, paid $125 AoS fees and submitted all the civil and financial docs and in July 2016 we received letter from NVC stating all the document work is done and your case is awaiting for visa interview appointment  overseas. As per the guidelines of our agent we did not mentioned anything about two sons in AoS forms. 

 

In June 2016 files retrograded from July 2003 to January 2001 so all activities stopped for our case I guess. In September 2016 files started moving again and since than it's moving at a decent pace.

 

In between we also sent an email to NVC to know the status of our CSPA application for which they replied on 22nd July 2016 like this.....

 

Quote

This case is currently under review for applicability of the Child Status Protection Act (CSPA).  You will be notified once a decision is reached.  Please be advised that there is no timeframe for this process.  Please do not contact the U.S. Embassy or Consulate General, as they will be unable to provide you with further information.

 

Although we send query to NVC we receive this reply from Mumbai Consulate office which was strange. 

 

And finally on 31st January 2017 we received similar email as we received in July 2016 stating....

 

Quote

 

The National Visa Center (NVC) received all the requested documentation for this immigrant visa case. The applicant is now in the queue awaiting an interview appointment overseas, where a consular officer will adjudicate the applicant’s visa application.

 

 

We sent another CSPA request in February 2017  for which we neither received any acknowledgement of request letter nor we received any reply for the same.

 

Now here are my doubts,

 

DOUBTS

 

1. Should we contact NVC again for CSPA??
2. Should we contact Mumbai Consulate for CSPA?
3. Where is our file currently? Is it in NVC or is it in Mumbai Consulate?
4. As per the last letter we received it says most of appointments are scheduled within 3 months but looking at current speed of file processing, there is time for file of April 2004 to be current So when Mumbai Consulate will arrange interview within 3 months or file will be in queue till April 2004 dose not become current?
5. In ceac.state.gov tool since last several days the status of AoS fees has changed NA which used to be paid earlier so is there anything we have to from our end? Likewise our entire process is complete for my mom yet the status of AoS documents and Civil Documents are never updated as completed they are still NA so should we contact NVC for the same?
6. What are the chances of getting CSPA protection at time of my mom's visa interview?
7. Is it mandatory to mentioned about aged out sons in the forms of AoS to get the benefit of CSPA?
8. Can someone provide some concrete example of CSPA with F4 case? some sort of link would work.
9. Any other suggestion for our case.

 

When I wrote this post the latest visa bulletin i.e. March 2003 says currently they are processing files of 22 July 2003 visa bulletin of April 2003 dues in 7-10 days.

 

Any suggestions/answers would be a great help. Thank you in advance.

 

Thank you for reading so far and sorry for misusing quote box.

 

 

 

 

 

 

 

 

[PKachhadia 0]

On 3/5/2017 at 9:28 PM, AdityaThakkar said:

Hello all,

 

I am writing this post for my mom's F4 case filled by her brother.

 

My mom has 3 kids. one daughter and two sons.

 

DOB of daughter: 4th November 1988

DOB of elder son: 18th May 1992

DOB of younger son (i.e. Me): 30th June 1994

 

First I would provide timeline of our file processing and then I will raise my doubts.

 

TIMELINE

 

Petition Filled on: 9th April 2004

Petition Approved: 20th November 2009 (also received the letter saying it will take years for them to process file so do not  give up your jobs or make any travel arrangement as of now etc.)

Welcome Letter Received: 12th January 2016

 

I have read the definition of child as per USCIS which primarily says a kid has to be younger than 21 years and unmarried from here.

 

By the time we received welcome letter and we logged in to ceac.state.gov the tool had name of only two people i.e. of my parents, that's obvious all of three kids are aged out by that time. Then we came to know about CSPA, which can provide protection to unmarried aged out kids by subtracting the processing time taken from biological age. Since my elder sister is married she is not eligible for CSPA and my dad passed in July of 2013 and as per our local agent both the sons are eligible for CSPA so we sent a request letter to NVC to remove my dad's name and include name of two sons. 

 

Sent CSPA request letter with request to remove my dad's name: 1st February 2016 With that letter NVC removed my dad's name but they haven't included name of either of son.

 

Meanwhile we completed all the document work of my mom's case i.e. filled DS-260, paid $325 fees, paid $125 AoS fees and submitted all the civil and financial docs and in July 2016 we received letter from NVC stating all the document work is done and your case is awaiting for visa interview appointment  overseas. As per the guidelines of our agent we did not mentioned anything about two sons in AoS forms. 

 

In June 2016 files retrograded from July 2003 to January 2001 so all activities stopped for our case I guess. In September 2016 files started moving again and since than it's moving at a decent pace.

 

In between we also sent an email to NVC to know the status of our CSPA application for which they replied on 22nd July 2016 like this.....

 

 

Although we send query to NVC we receive this reply from Mumbai Consulate office which was strange. 

 

And finally on 31st January 2017 we received similar email as we received in July 2016 stating....

 

 

We sent another CSPA request in February 2017  for which we neither received any acknowledgement of request letter nor we received any reply for the same.

 

Now here are my doubts,

 

DOUBTS

 

1. Should we contact NVC again for CSPA??
2. Should we contact Mumbai Consulate for CSPA?
3. Where is our file currently? Is it in NVC or is it in Mumbai Consulate?
4. As per the last letter we received it says most of appointments are scheduled within 3 months but looking at current speed of file processing, there is time for file of April 2004 to be current So when Mumbai Consulate will arrange interview within 3 months or file will be in queue till April 2004 dose not become current?
5. In ceac.state.gov tool since last several days the status of AoS fees has changed NA which used to be paid earlier so is there anything we have to from our end? Likewise our entire process is complete for my mom yet the status of AoS documents and Civil Documents are never updated as completed they are still NA so should we contact NVC for the same?
6. What are the chances of getting CSPA protection at time of my mom's visa interview?
7. Is it mandatory to mentioned about aged out sons in the forms of AoS to get the benefit of CSPA?
8. Can someone provide some concrete example of CSPA with F4 case? some sort of link would work.
9. Any other suggestion for our case.

 

When I wrote this post the latest visa bulletin i.e. March 2003 says currently they are processing files of 22 July 2003 visa bulletin of April 2003 dues in 7-10 days.

 

Any suggestions/answers would be a great help. Thank you in advance.

 

Thank you for reading so far and sorry for misusing quote box.

 

 

 

 

 

 

 

 

I had a friend whose age was 26 but immigrated with his parent recently on february 3rd of 2017 under F4 category and his CSPA petition got approved when their parents got the interview date so he paid all the fees and took all the documents to the US embassy with him

 

They appointed a Lawyer in US immediately after they got Welcome Letter and they  immediately applied for their sons CSPA and US lawyer helped them to get the CSPA petition approved

 

so I advice you to appoint and tell him to write a letter to NVC and apply for CSPA petition immediately

Even if the petiton takes time to get approved by the time your MOM immigrates to US dont worry you will get her priority date but 

1st appoint a good attorney in US and tell him about your situation and he will help you and by my calcuation under CSPA 2 brothers are eligible to immigrate with their Mother

 

Hope this helps you

[ILUVINDIA 6]

On 3/6/2017 at 2:46 PM, PKachhadia said:

I had a friend whose age was 26 but immigrated with his parent recently on february 3rd of 2017 under F4 category and his CSPA petition got approved when their parents got the interview date so he paid all the fees and took all the documents to the US embassy with him

 

They appointed a Lawyer in US immediately after they got Welcome Letter and they  immediately applied for their sons CSPA and US lawyer helped them to get the CSPA petition approved

 

so I advice you to appoint and tell him to write a letter to NVC and apply for CSPA petition immediately

Even if the petiton takes time to get approved by the time your MOM immigrates to US dont worry you will get her priority date but 

1st appoint a good attorney in US and tell him about your situation and he will help you and by my calcuation under CSPA 2 brothers are eligible to immigrate with their Mother

 

Hope this helps you

Please share your experience . I have family members who are in same boat. Were you able to get visa?  

[PKachhadia 0]

On 3/25/2017 at 11:10 AM, ILUVINDIA said:

Please share your experience . I have family members who are in same boat. Were you able to get visa?  

yes he got the visa under CSPA rule he was 26 years of age 

What he did was they applied for CSPA when they got Welcome letter n his name was not mentioned in the letter

so his case was completed just 1 month before the interview paid all the fees n took all the civil documents to the interview where all things were checked n got visa n he was able to travel with his family

 

SO it's important to apply for CSPA as early as possible because they take some time to evaluate your case 

[shivam malik 0]

Hi aditya,

 

I am shivam having a similar case to yours for CSPA .Please can we connect (removed)

 

Please share me your contact number.

 

Regards

Shivam Malik

Edited June 14, 2017 by Ontarkie
Removed personal information.

[Mutahir 15]

On 3/5/2017 at 9:58 AM, AdityaThakkar said:

Is it mandatory to mentioned about aged out sons in the forms of AoS to get the benefit of CSPA?

In my understanding from various post in this forum, AOS should have mentioned name of all kids.  I provided copies of Passport of all my brother's kids along with AOS as well.

Edited June 14, 2017 by Mutahir

[aajmera 0]

Hello All,

 

I am facing a similar situation and need some advice. My maternal aunt had applied for family immigration(F4) back in 2003(don't remember the exact date). Last year, we got a mail that our file is now open and we need to fill the DS-260. But it was only for my parents and did not have my name as I had crossed 21 years of age. We then hired an attorney in US and they filed CSPA for me. My parents have received the interview date for next month(Nov '17), but there are no updates about my case. The attorney is saying to give them a letter requesting to include my case during my parent's interview.

 

My question is, do we need to give any other document along with that requesting letter (like original passport) and do I need to be physically present there as currently I am not in India?

 

Any help is highly appreciated.

 

Thanks.

[Dwipal 50]

On 10/27/2017 at 2:32 PM, aajmera said:

Hello All,

 

I am facing a similar situation and need some advice. My maternal aunt had applied for family immigration(F4) back in 2003(don't remember the exact date). Last year, we got a mail that our file is now open and we need to fill the DS-260. But it was only for my parents and did not have my name as I had crossed 21 years of age. We then hired an attorney in US and they filed CSPA for me. My parents have received the interview date for next month(Nov '17), but there are no updates about my case. The attorney is saying to give them a letter requesting to include my case during my parent's interview.

 

My question is, do we need to give any other document along with that requesting letter (like original passport) and do I need to be physically present there as currently I am not in India?

 

Any help is highly appreciated.

 

Thanks.

My brother in law is 29 and his name was also not on the website. When I filled out his parents information AOS documents, I wrote his name saying that he would immigrate with them. Also i wrote a letter requesting CSPA. I also sent all his documents along with his parents documents.  After several months, his name showed up on the website and I was able to fill out DS260.  

 

The only people that can decide if you can go is the embassy. I dont think lawyers can fight this or do anything special to get cspa approved.  

 

In your case, Did your parents submit documents for you? I would say you go with your parents and take all documents that you would submit to USCIS. 

 

 

[NigeriaorBust 4,087]

  You must calculate if your CPSA age is under 21  .  You need know , your birth date, the date the petition was sent in and accepted ( called NOA1 for first notice on this board )  , the day the petition was approved ( a second notice or NOA2  )   and the date your priority date became current.     For example   if a petition was file January 1 2005 and approved Jan1 2010 you get 5 years of benefit.  This means if you are 25 then your cpsa age is 20 .   Exact days count for this.  Even 1 day over and you will not get a visa. 

[ronak18 0]

On 10/31/2017 at 7:46 PM, NigeriaorBust said:

  You must calculate if your CPSA age is under 21  .  You need know , your birth date, the date the petition was sent in and accepted ( called NOA1 for first notice on this board )  , the day the petition was approved ( a second notice or NOA2  )   and the date your priority date became current.     For example   if a petition was file January 1 2005 and approved Jan1 2010 you get 5 years of benefit.  This means if you are 25 then your cpsa age is 20 .   Exact days count for this.  Even 1 day over and you will not get a visa. 

When to calculate age? At the time of welcome latter or at the visa day?

[ronak18 0]

On 3/5/2017 at 9:28 PM, AdityaThakkar said:

Hello all,

 

I am writing this post for my mom's F4 case filled by her brother.

 

My mom has 3 kids. one daughter and two sons.

 

DOB of daughter: 4th November 1988

DOB of elder son: 18th May 1992

DOB of younger son (i.e. Me): 30th June 1994

 

First I would provide timeline of our file processing and then I will raise my doubts.

 

TIMELINE

 

Petition Filled on: 9th April 2004

Petition Approved: 20th November 2009 (also received the letter saying it will take years for them to process file so do not  give up your jobs or make any travel arrangement as of now etc.)

Welcome Letter Received: 12th January 2016

 

I have read the definition of child as per USCIS which primarily says a kid has to be younger than 21 years and unmarried from here.

 

By the time we received welcome letter and we logged in to ceac.state.gov the tool had name of only two people i.e. of my parents, that's obvious all of three kids are aged out by that time. Then we came to know about CSPA, which can provide protection to unmarried aged out kids by subtracting the processing time taken from biological age. Since my elder sister is married she is not eligible for CSPA and my dad passed in July of 2013 and as per our local agent both the sons are eligible for CSPA so we sent a request letter to NVC to remove my dad's name and include name of two sons. 

 

Sent CSPA request letter with request to remove my dad's name: 1st February 2016 With that letter NVC removed my dad's name but they haven't included name of either of son.

 

Meanwhile we completed all the document work of my mom's case i.e. filled DS-260, paid $325 fees, paid $125 AoS fees and submitted all the civil and financial docs and in July 2016 we received letter from NVC stating all the document work is done and your case is awaiting for visa interview appointment  overseas. As per the guidelines of our agent we did not mentioned anything about two sons in AoS forms. 

 

In June 2016 files retrograded from July 2003 to January 2001 so all activities stopped for our case I guess. In September 2016 files started moving again and since than it's moving at a decent pace.

 

In between we also sent an email to NVC to know the status of our CSPA application for which they replied on 22nd July 2016 like this.....

 

 

Although we send query to NVC we receive this reply from Mumbai Consulate office which was strange. 

 

And finally on 31st January 2017 we received similar email as we received in July 2016 stating....

 

 

We sent another CSPA request in February 2017  for which we neither received any acknowledgement of request letter nor we received any reply for the same.

 

Now here are my doubts,

 

DOUBTS

 

1. Should we contact NVC again for CSPA??
2. Should we contact Mumbai Consulate for CSPA?
3. Where is our file currently? Is it in NVC or is it in Mumbai Consulate?
4. As per the last letter we received it says most of appointments are scheduled within 3 months but looking at current speed of file processing, there is time for file of April 2004 to be current So when Mumbai Consulate will arrange interview within 3 months or file will be in queue till April 2004 dose not become current?
5. In ceac.state.gov tool since last several days the status of AoS fees has changed NA which used to be paid earlier so is there anything we have to from our end? Likewise our entire process is complete for my mom yet the status of AoS documents and Civil Documents are never updated as completed they are still NA so should we contact NVC for the same?
6. What are the chances of getting CSPA protection at time of my mom's visa interview?
7. Is it mandatory to mentioned about aged out sons in the forms of AoS to get the benefit of CSPA?
8. Can someone provide some concrete example of CSPA with F4 case? some sort of link would work.
9. Any other suggestion for our case.

 

When I wrote this post the latest visa bulletin i.e. March 2003 says currently they are processing files of 22 July 2003 visa bulletin of April 2003 dues in 7-10 days.

 

Any suggestions/answers would be a great help. Thank you in advance.

 

Thank you for reading so far and sorry for misusing quote box.

 

 

 

 

 

 

 

 

As per CSPA rule we get benefits of some time in our age. So my question is that at which time we get this benefit? Bcz at the time of welcome latter and at the time of visa date age of the person is different. So at which time i have to calculate my age and than substrate CSPA benefit time?

 

For example at time of welcome latter i was 25 and at time of visa date i was 27 and my age relaxation is of 6 years so when i have to calculate CSPA age? At time of 25 or 27?

Please reply me sir. I need help.

As per CSPA rule we get benefits of some time in our age. So my question is that at which time we get this benefit? Bcz at the time of welcome latter and at the time of visa date age of the person is different. So at which time i have to calculate my age and than substrate CSPA benefit time?

 

For example at time of welcome latter i was 25 and at time of visa date i was 27 and my age relaxation is of 6 years so when i have to calculate CSPA age? At time of 25 or 27?

Please reply me sir. I need help.

[NigeriaorBust 4,087]

  It happens at the time the priority date becomes current.  In the month the visa bulletin lets you seek the benefit ( assuming you do seek it at that time )

[ronak18 0]

2 minutes ago, NigeriaorBust said:

  It happens at the time the priority date becomes current.  In the month the visa bulletin lets you seek the benefit ( assuming you do seek it at that time )

May i eligibile for immegrat with my family as current priority date is 22 oct 2003. 

 

Thanks sir for your kind support

[ronak18 0]

2 minutes ago, ronak18 said:

May i eligibile for immegrat with my family as current priority date is 22 oct 2003. 

 

Thanks sir for your kind support

Sorry current date is 22 nov 2003

[NigeriaorBust 4,087]

 Your chart confuses me ,  I don't keep up on what has regressed .    You have dates of it being available in 2009  .  I assume the class regressed and is now current again  ?