CSPA Eligibility

[godsway 0]

Hi Everyone,

 

I just want to check with anyone who has similar case with my Mother who is a USC;

1. She filed for a petition for her daughter (my sister) who is married last September 2001 and have children who was about 5 yrs old and 3 yrs old that time.

2. My sister's husband unfortunately died this year(2018) and became a widow.

3. We just updated her status in USCIS and now a F1 Category (Unmarried sons/daughters of USC) and the case is also now in the NVC.

Our question is, since her(my sister) children are over 21yrs old but they were a minor when my Mother filed the petition, can they still be eligible for CSPA? 

 

Thank you so much in advance..

[Triple28 65]

In order to calculate the CSPA, Please provide the info belows:

- Priority date.

- Approval date.

- Her children's birthdate.

[godsway 0]

Hi Triple28,

 

Priority date: 07-05-2001

Approval Date:  Not sure on this one? Is this the date when the petition was filed in USCIS? If so, then it's 09-21-2001

Children's DOB: 02-14-1996

                            09-14-1997

 

Thank you very much for your help as always..

 

Godbless

 

[godsway 0]

50 minutes ago, Triple28 said:

In order to calculate the CSPA, Please provide the info belows:

- Priority date.

- Approval date.

- Her children's birthdate.

Hi Triple28,

 

Priority date: 07-05-2001

Approval Date:  Not sure on this one? Is this the date when the petition was filed in USCIS? If so, then it's 09-21-2001

Children's DOB: 02-14-1996

                            09-14-1997

 

Thank you very much for your help as always.. 

 

Godbless

[Triple28 65]

3 minutes ago, godsway said:

Priority date: 07-05-2001

Approval Date:  Not sure on this one? Is this the date when the petition was filed in USCIS? If so, then it's 09-21-2001

Children's DOB: 02-14-1996

                            09-14-1997

Approval date is the date when USCIS send you a letter to notify you that your case is approved.

You can check the date of approval in this website, using the receipt number from USCIS (not case number from NVC😞

https://egov.uscis.gov/casestatus/landing.do

 

It will tell you when your case is approved, that date is approval date.

Edited August 22, 2018 by Triple28

[godsway 0]

9 minutes ago, Triple28 said:

Approval date is the date when USCIS send you a letter to notify you that your case is approved.

You can check the date of approval in this website, using the receipt number from USCIS (not case number from NVC😞

https://egov.uscis.gov/casestatus/landing.do

 

It will tell you when your case is approved, that date is approval date.

Hi Triple28,

 

Thanks again, the approval date is November 4, 2008

[Triple28 65]

44 minutes ago, godsway said:

Priority date: 07-05-2001

Approval Date:  11-04-2008

Children's DOB: 02-14-1996

                            09-14-1997

 

For the child with birthdate 02-14-1996. His CSPA will expired after 07-30-2024.

For the child with birthdate 09-14-1997. His CSPA will expired after 02-28-2026.

 

As long as your sister get the interview before the CSPA expiration date as above, her children can go to the US.

 

After NVC approve the request for changing your sister's status from F3 to F1, they will send Welcome Letter to your sister to guide her 6 steps including:

 

- Pay fees $120, $325

- Submit DS-261, DS-260

- Submit her civil documents such as passport, birth certificate, marriage certificate, her husband's death certificate... 

- Submit her children's civil documents such as passport, birth certificate.

- Her mother's documents such as Affidavit of support, birth certificate, certificate of naturalization or US passport, tax transcript...

 

The info above is just for reference only, you should consult with lawyer or the Welcome Letter to know what documents to send to NVC. You should ask NVC about Welcome Letter if you did not get it within 2 months from the date they approve F1 status.

 

IMPORTANT: SEND COPY or SCAN of documents only to NVC, and keep the original documents for the interview in Philippines.

 

Currently, in Phillipines, F1 with PD 15 NOV 2006 are getting the interview.

Which mean your sister's PD is current (if her case is F1).

If she can finish all of 6 steps, she will get the interview letter soon.

Edited August 22, 2018 by Triple28

[godsway 0]

3 minutes ago, Triple28 said:

 

For the child with birthdate 02-14-1996. His CSPA will expired after 07-30-2024.

For the child with birthdate 09-14-1997. His CSPA will expired after 02-28-2026.

 

As long as your sister get the interview before the CSPA expiration date as above, her children can go to the US.

 

After NVC approve the request for changing your sister's status from F3 to F1, they will send Welcome Letter to your sister to guider her 6 steps including:

- Pay fees $120, $325

- Submit DS-261, DS-260

- Submit her civil documents such as passport, birth certificate, marriage certificate, her husband's death certificate... 

- Submit her children's civil documents such as passport, birth certificate.

- Her mother's documents such as Affidavit of support, birth certificate, certificate of naturalization or US passport...

The info above is just for reference only, you should consult with lawyer or the Welcome Letter to know what documents to send to NVC.

 

IMPORTANT: SEND COPY or SCAN of documents only to NVC, and keep the original documents for the interview in Philippines.

 

Currently, in Phillipines, F1 with PD 15 NOV 2006 are getting the interview.

Which mean your sister's PD is current (if her case is F1).

If she can finish all of 6 steps, she will get the interview letter soon.

Hi Triple28,

 

Thank you very much for the detailed information and guide! My Mother who is now 76yrs will be really happy if my Sister and all her children will come here soon. She and her children are the only one left in Phils. 

We are really thankful and appreciate your help even from the start when I asked about how to change the status of my sister..

Thank you again, Godless you and your Family..

 

[godsway 0]

9 hours ago, Triple28 said:

 

For the child with birthdate 02-14-1996. His CSPA will expired after 07-30-2024.

For the child with birthdate 09-14-1997. His CSPA will expired after 02-28-2026.

 

As long as your sister get the interview before the CSPA expiration date as above, her children can go to the US.

 

After NVC approve the request for changing your sister's status from F3 to F1, they will send Welcome Letter to your sister to guide her 6 steps including:

 

- Pay fees $120, $325

- Submit DS-261, DS-260

- Submit her civil documents such as passport, birth certificate, marriage certificate, her husband's death certificate... 

- Submit her children's civil documents such as passport, birth certificate.

- Her mother's documents such as Affidavit of support, birth certificate, certificate of naturalization or US passport, tax transcript...

 

The info above is just for reference only, you should consult with lawyer or the Welcome Letter to know what documents to send to NVC. You should ask NVC about Welcome Letter if you did not get it within 2 months from the date they approve F1 status.

 

IMPORTANT: SEND COPY or SCAN of documents only to NVC, and keep the original documents for the interview in Philippines.

 

Currently, in Phillipines, F1 with PD 15 NOV 2006 are getting the interview.

Which mean your sister's PD is current (if her case is F1).

If she can finish all of 6 steps, she will get the interview letter soon.

Hi Triple28,

 

I have one more question:

 

Since my sister’s status was changed to F1 and her visa was made current since last 2014 which she was not under F1 that time, can the cspa of her child be affected? Because the 1 year period to acquire a visa when priority date is current has already been passed?

Is there any consideration that you may know, since my sister just changed her status?

 

thank you again

[EM_Vandaveer 2,408]

16 minutes ago, godsway said:

Hi Triple28,

 

I have one more question:

 

Since my sister’s status was changed to F1 and her visa was made current since last 2014 which she was not under F1 that time, can the cspa of her child be affected? Because the 1 year period to acquire a visa when priority date is current has already been passed?

Is there any consideration that you may know, since my sister just changed her status?

 

thank you again

I'm not an expert but I imagine that as her priority date JUST now became current because of the unfortunate passing of her husband, the 1-year clock would only now start clicking? More knowledgeable members will be along soon to correct me if I'm wrong in my hypothesis. 

[godsway 0]

20 minutes ago, EM_Vandaveer said:

I'm not an expert but I imagine that as her priority date JUST now became current because of the unfortunate passing of her husband, the 1-year clock would only now start clicking? More knowledgeable members will be along soon to correct me if I'm wrong in my hypothesis. 

Hi EM_Vandaveer,

 

That is exactly what I am hoping.

Because the way I understand it is that the period will start when the visa became available/current which in my sister’s case is supposed to be last 2014.

But she just changed her status from F3 to F1.

I hope that the clock will just start right now.

 

thank you

 

[EM_Vandaveer 2,408]

45 minutes ago, godsway said:

Hi EM_Vandaveer,

 

That is exactly what I am hoping.

Because the way I understand it is that the period will start when the visa became available/current which in my sister’s case is supposed to be last 2014.

But she just changed her status from F3 to F1.

I hope that the clock will just start right now.

 

thank you

 

It wasn't available to her in 2014, though. She was in a different category then.

[godsway 0]

17 minutes ago, EM_Vandaveer said:

It wasn't available to her in 2014, though. She was in a different category then.

Yes, that is the one that I am not sure about. Is it the 1 year period to acquire immigrant visa will just start when she changed the status or from the date the F1 category became current in her case?

thanks

[geowrian 22,337]

I can't imagine the change in category would be an issue. The current PD on the visa bulletin could change by over a year within single month, but that doesn't mean people missed their opportunity to "seek to acquire" the visa.

[EM_Vandaveer 2,408]

You can only "seek to acquire" when you are legally able to do so. OP's sister was not able to do it prior to the category change.