CSPA F4 Derrivative from El Salvador

[pastorandrea 0]

Hello, my uncle, who is a US citizen applied on behalf of my family. Of course, my family are categorized as F4s and their priority date is Oct24,2005. According to priority date calculators and the general speed at which the visa bulletin is moving their priority date will be up this coming Dec 2018. Here’s the dilemma... my brother turns 21 just three months after December 2018 on March 31st, 2019. Will he still be able to get his visa or will he not have enough time to do so before he turns 21? If not, my questions is... does he qualify for CSPA? I’ve read so many differing opinions.  I am already aged out as of two years ago but I’m married to a US citizen so I am currently in the process of adjusting my status. My real concern is my family. My family has been living in the US with TPS since we came. We entered inspected and have our I-94s. The problem is we need to have some type of new status by the time September 9, 2019 comes around because that is when our TPS designation expires. Also, I have a sister who is 12 who is a US citizen who would be separated from my parents. Please help!!!

Edited March 7, 2018 by pastorandrea

[SusieQQQ 11,587]

I’ll let more knowledgeable people answer on CSPA, and/or speculate on your priority date calculator, but unless you put the wrong date when you wrote  Sept 2019, I don’t see why your parents would be separated from your sister.  They can still adjust even if your brother can’t, and even if the PD is a few months later than you currently estimate it will still be well before Sept 2019.

[pastorandrea 0]

15 hours ago, SusieQQQ said:

I’ll let more knowledgeable people answer on CSPA, and/or speculate on your priority date calculator, but unless you put the wrong date when you wrote  Sept 2019, I don’t see why your parents would be separated from your sister.  They can still adjust even if your brother can’t, and even if the PD is a few months later than you currently estimate it will still be well before Sept 2019.

I mostly said that because I don’t really know the process from the time your priority date becomes current until the time when your status has been adjusted and you have a legal means to be in the country. Can you tell me what that process is and approximately how long it takes from the moment your priority dates becomes current until the moment you receive a legal means to remain in the country? 

[TonyCH 13]

Hello,

 

can you please provide us:

 

Your priotity date

date of birth

and when your case was approved by uscis?

 

thanks

[pastorandrea 0]

3 hours ago, meritoncutra said:

Hello,

 

can you please provide us:

 

Your priotity date

date of birth

and when your case was approved by uscis?

 

thanks

Priority date: Oct 24, 2005

DOB: March 31, 1998

Case Approved June 3, 2009

[TonyCH 13]

Just now, pastorandrea said:

Priority date: Oct 24, 2005

DOB: March 31, 1998

Case Approved June 3, 2009

 

So your petition was pending for 3 years, 7 months, 11 days. That means you should qualify for CSPA for 3 years, 7 months and 10 days after you turn 21 years old.  So you should be able to apply CSPA until you're 24 years, 7 months and 10 days old. If priority date becomes current after you've reached that age, you wont qualify for CSPA

[pastorandrea 0]

1 minute ago, meritoncutra said:

 

So your petition was pending for 3 years, 7 months, 11 days. That means you should qualify for CSPA for 3 years, 7 months and 10 days after you turn 21 years old.  So you should be able to apply CSPA until you're 24 years, 7 months and 10 days old. If priority date becomes current after you've reached that age, you wont qualify for CSPA

Our priority date looks like it will become current around this upcoming December! My question is I’ve read conflicting information as to whether derrivatives of primary F4 applicants even qualify for CSPA. 

[TonyCH 13]

Just now, pastorandrea said:

Our priority date looks like it will become current around this upcoming December! My question is I’ve read conflicting information as to whether derrivatives of primary F4 applicants even qualify for CSPA. 

 

I myself am a CSPA qualified F4 Derivative, and have interview scheduled for April 17th. -- There are steps you need to take to apply CSPA, but no doubt you are eligible for CSPA as an F4 Derivative. 

[pastorandrea 0]

On 3/7/2018 at 6:55 PM, SusieQQQ said:

I’ll let more knowledgeable people answer on CSPA, and/or speculate on your priority date calculator, but unless you put the wrong date when you wrote  Sept 2019, I don’t see why your parents would be separated from your sister.  They can still adjust even if your brother can’t, and even if the PD is a few months later than you currently estimate it will still be well before Sept 2019.

What is the Adjustment of status process like? Do you know about how long it takes? And are there any steps we should be taking before the priority date becomes current?

Just now, meritoncutra said:

 

I myself am a CSPA qualified F4 Derivative, and have interview scheduled for April 17th. -- There are steps you need to take to apply CSPA, but no doubt you are eligible for CSPA as an F4 Derivative. 

That is wonderful news! Thank you!

[pastorandrea 0]

2 minutes ago, meritoncutra said:

 

I myself am a CSPA qualified F4 Derivative, and have interview scheduled for April 17th. -- There are steps you need to take to apply CSPA, but no doubt you are eligible for CSPA as an F4 Derivative. 

Are there any steps we need to be taking to be prepared for when the priority date becomes current? For example, I have heard of people being able to file their adjustments of status documents early and have them approved already so that by the time their priority date is current they can schedule their interview. Do you anything about this? Did you do an AOS?

[TonyCH 13]

9 minutes ago, pastorandrea said:

Are there any steps we need to be taking to be prepared for when the priority date becomes current? For example, I have heard of people being able to file their adjustments of status documents early and have them approved already so that by the time their priority date is current they can schedule their interview. Do you anything about this? Did you do an AOS?

Once your case becomes available to choose an agent and pay fees, you'll have to see if your name will be available and if you can pay fees for you. If it's there, there's nothing you need to do, but if it's not, the petitioner needs to email NVC requesting your case be considered for CSPA so they can add your name and send you fees to pay. 

 

I'll let you know how my interview goes, and if something else needs to be done at the embassy. 

[pastorandrea 0]

22 minutes ago, meritoncutra said:

Once your case becomes available to choose an agent and pay fees, you'll have to see if your name will be available and if you can pay fees for you. If it's there, there's nothing you need to do, but if it's not, the petitioner needs to email NVC requesting your case be considered for CSPA so they can add your name and send you fees to pay. 

 

I'll let you know how my interview goes, and if something else needs to be done at the embassy. 

Are you doing consular processing (basically means you’re adjusting your status outside of the US) or are you doing an (AOS) adjusting your status in the US?