F4 - Derivative CSPA Aging out

[Toobss 0]

Hi All,

I am an F4 derivative beneficiary. I used the CSPA calculator and it looks like I am aged out with just one day if my PD becomes current next month.  Wishful thinking since my PD is August 15th, 20014.

 

Are there any cases where people have been approved beyond 21 years of age?

Do I need to start thinking about hiring immigration attorney from US?

 

Please provide me helpful tips.

 

Thank you very much in advance.

[Jojo92122 1,924]

You will not be approved if you do not qualify under CSPA.  If your CSPA age is 21, then you will not be approved.

 

There is nothing a lawyer can do.  A lawyer can't change the law to get you a visa when you don't qualify.

[Unlockable 7,315]

A lawyer can't turn back time. And if your PD still isn't current then there is not much you can do.

 

It may seem harsh be USCIS has to draw a line somewhere. They feel that as an adult you should be able to make your own way.

 

 

[Jojo92122 1,924]

It's not USCIS drawing the line.  It was Congress and the President Bush.  The law defines the line.

[Unlockable 7,315]

So it seems. Should have said the government draws the line. 

 

Saw an article a few months ago about possible immigration reforms. There was a draft of one that was proposed by some politicians that wants to have a complete cutoff age of children to be 25. Meaning nobody can petition a son or daughter if they are over that age of 25. Even though the wait to petition a unmarried child over 21 takes years by today's standards, at least a person can still do it.

 

Of course, the bill hasn't made it to Congress but we should be aware that there are people in government that are pushing for that type of change in immigration.

[Toobss 0]

Thanks for your help.

It is disappointing.

 

Another question, if I may. How can apply for CSPA for my younger sister who will be under 21, even if the case becomes active in October 2017.

 

Thanks...

[jan22 3,064]

16 minutes ago, Toobss said:

Thanks for your help.

It is disappointing.

 

Another question, if I may. How can apply for CSPA for my younger sister who will be under 21, even if the case becomes active in October 2017.

 

Thanks...

Hard to answer with the typo in your first b post, but I am assuming your PD is August 2004 because if your typo was to add the 4 at the end and your PD was 2001, your PD would already have been current and for it to be 2014, your I-130 would likely not be been approved yet.  

 

It would help to know how long it took for the I-130 approval,  but it is lIkely that your sister wil ultimately benefit from CSPA.  Thefree is nothing yIu can to u til the priority date is current and the case is being processed by NVC. They should calculate her CSPA age at that time.

[Toobss 0]

I am sorry.

DOB: November 20, 1991

PD: August 15th, 2004

Approval Date: March 28, 2010.

Probable Date of getting current: October 15, 2017

 

Using the calculator if turns out less than 21.  Do I need to write to NVC or call the embassy.

 

Thanks.

[Hypnos 6,578]

Both the NVC and embassy are familiar with CSPA and should automatically apply it to any case where a beneficiary is eligible. 

[parth261 0]

On 5/10/2017 at 2:23 PM, Toobss said:

I am sorry.

DOB: November 20, 1991

PD: August 15th, 2004

Approval Date: March 28, 2010.

Probable Date of getting current: October 15, 2017

 

Using the calculator if turns out less than 21.  Do I need to write to NVC or call the embassy.

 

Thanks.

Hi, i have same case under F4 category, my pd is july 2004 ,approval date is oct2010 , i have calculated my cspa age , but dont think so by the time time visa became available my cspa age turn above 21 .So did u get ny info that consulate approved in this kind of cases ?

[TonyCH 13]

Guys,

 

If your PD is July/Aug 2004 that means your PD is current as of April 1, 2018 and your age is locked. 

[parth261 0]

3 minutes ago, meritoncutra said:

Guys,

 

If your PD is July/Aug 2004 that means your PD is current as of April 1, 2018 and your age is locked. 

Hi ,According to CSPA your age get locked when ur priority date became current for visa availability which shows in Table A in Visa bulletin.,which means still we have to wait for more months to get visa available.

[TonyCH 13]

1 minute ago, parth261 said:

Hi ,According to CSPA your age get locked when ur priority date became current for visa availability which shows in Table A in Visa bulletin.,which means still we have to wait for more months to get visa available.

Can you please share all details of your case, country where you're from, priority date, date of birth and approval date please? 

Edited April 18, 2018 by meritoncutra

[Toobss 0]

58 minutes ago, meritoncutra said:

Guys,

 

If your PD is July/Aug 2004 that means your PD is current as of April 1, 2018 and your age is locked. 

Yes, Indeed.

[Toobss 0]

14 hours ago, parth261 said:

Hi, i have same case under F4 category, my pd is july 2004 ,approval date is oct2010 , i have calculated my cspa age , but dont think so by the time time visa became available my cspa age turn above 21 .So did u get ny info that consulate approved in this kind of cases ?

I had interview on April 4th.  When I went to US Embassy in Islamabad, my name was not on the interview letter.  Upon entering the Embassy compound local Embassy staff calculated my CSPA and opened my application and asked us to pay the fees $325. 

 

After completing my application along with one older and one younger siblings, 4 of us were interviewed by CO.  At the conclusion of the interview, CO told us to go home and wait and he handed my mother a paper stating that you are under Administrative Processing.