CSPA/FOLLOW TO JOIN

[7www7 2]

Me & my wife are LPR and my wife filed petition (i-130) for our daughter (dob jan-07-1999) and my son (dob oct-5-1997). Their priority date is July 10, 2017 and petition is still pending. Question is, i know on how to compute cspa but i just read that petition might take faster if i file i824/follow to join form? Will the current petition affected if i will file it just now? 

[geowrian 22,338]

I'm confused...according to your past posts, at least one of you is a US citizen (and filed for your parents, which only USCs can do). Now you're both LPRs?

[7www7 2]

11 minutes ago, geowrian said:

I'm confused...according to your past posts, at least one of you is a US citizen (and filed for your parents, which only USCs can do). Now you're both LPRs?

Sorry. It's my sons posts and we are the parents. We're already here in the US and my son asked to use his account for visa journey. My inquiry now is regarding his siblings.

[geowrian 22,338]

26 minutes ago, 7www7 said:

Sorry. It's my sons posts and we are the parents. We're already here in the US and my son asked to use his account for visa journey. My inquiry now is regarding his siblings.

Gotcha.

 

No, follow to join does not apply for you. You came to the US under the immediate relative category, which does not permit derivatives. As such, there is no ability to follow to join, as that's only for derivative beneficiaries.

[7www7 2]

35 minutes ago, geowrian said:

Gotcha.

 

No, follow to join does not apply for you. You came to the US under the immediate relative category, which does not permit derivatives. As such, there is no ability to follow to join, as that's only for derivative beneficiaries.

Thanks for the info.

[7www7 2]

1 hour ago, geowrian said:

Gotcha.

 

No, follow to join does not apply for you. You came to the US under the immediate relative category, which does not permit derivatives. As such, there is no ability to follow to join, as that's only for derivative beneficiaries.

Another question. Lets say petition i130 was approved aug 2018 and pd becomes current july 2019. If cspa is in effect they are both under 21. Correct me if im wrong, cspa calculation is based on the time i130 was approved then minus it from the time pd becomes current and not the delay processing from uscis or nvc? Because i see some cases pd is already current but their case is still at nvc for processing waiting for approval. And aside from i130 do I need to file something for cspa? 

[geowrian 22,338]

5 minutes ago, 7www7 said:

Another question. Lets say petition i130 was approved aug 2018 and pd becomes current july 2019. If cspa is in effect they are both under 21. Correct me if im wrong, cspa calculation is based on the time i130 was approved then minus it from the time pd becomes current and not the delay processing from uscis or nvc? Because i see some cases pd is already current but their case is still at nvc for processing waiting for approval. And aside from i130 do I need to file something for cspa? 

CSPA subtracts the time between when the I-130 was properly filed and when it was adjudicated (i.e. approved). So say it takes them exactly 12 months from filing to approval. This means they would subtract 1 year from the child's age.

However, what matters is the child's age/CSPA-adjusted age at the time the I-130's Priority Date (PD) is current. This is based on the "Final Action Dates" chart from the visa bulletin. An under-21 child of an LPR would be F2A category.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

 

An I-130 can (and often is) approved before the PD becomes current. If so, the I-130 is sent to NVC where it will sit until the PD becomes current. There is a "Dates for Filing" chart in the visa bulletin, which determines when you can send additional documents to NVC for the approved I-130...but they won't actually be processed at NVC until the PD is current.

http://www.visajourney.com/wiki/index.php/NVC_Process

 

Example:

If the I-130 takes 12 months to process and the PD took 24 months to become current, then the CSPA-adjusted age of the beneficiary would have effectively increased by exactly 12 months.

 

You don't need to file anything for CSPA.

[7www7 2]

6 hours ago, geowrian said:

CSPA subtracts the time between when the I-130 was properly filed and when it was adjudicated (i.e. approved). So say it takes them exactly 12 months from filing to approval. This means they would subtract 1 year from the child's age.

However, what matters is the child's age/CSPA-adjusted age at the time the I-130's Priority Date (PD) is current. This is based on the "Final Action Dates" chart from the visa bulletin. An under-21 child of an LPR would be F2A category.

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

 

An I-130 can (and often is) approved before the PD becomes current. If so, the I-130 is sent to NVC where it will sit until the PD becomes current. There is a "Dates for Filing" chart in the visa bulletin, which determines when you can send additional documents to NVC for the approved I-130...but they won't actually be processed at NVC until the PD is current.

http://www.visajourney.com/wiki/index.php/NVC_Process

 

Example:

If the I-130 takes 12 months to process and the PD took 24 months to become current, then the CSPA-adjusted age of the beneficiary would have effectively increased by exactly 12 months.

 

You don't need to file anything for CSPA.

Gotcha. So the longer they approve the petition and the soonest PD becomes current the better? & it doesn't matter if processing got delayed at nvc as long as age was under 21 using cspa calculation, right?

[geowrian 22,338]

3 hours ago, 7www7 said:

Gotcha. So the longer they approve the petition and the soonest PD becomes current the better? & it doesn't matter if processing got delayed at nvc as long as age was under 21 using cspa calculation, right?

Correct.

And correct again. For CSPA protection, the child only needs to be under 21 (CSPA adjusted age) when the PD is current and then seek to acquire permanent residency within a year of that (i.e. don't sit on the case for a year after the I-130 is approved and PD is current).

Edited March 31, 2018 by geowrian

[7www7 2]

12 hours ago, geowrian said:

Correct.

And correct again. For CSPA protection, the child only needs to be under 21 (CSPA adjusted age) when the PD is current and then seek to acquire permanent residency within a year of that (i.e. don't sit on the case for a year after the I-130 is approved and PD is current).

Thanks for the info's. Appreciate it.