F4 visa aging out issue (merged threads)

[me1796 0]

Hello,

 

my aunt applied for us and our priority date is 24th April 2006. On 31st December 2009 we received a letter from the national visa center stating that visa numbers are NOT available for us yet. According to the visa bulletin, our priority date became current in December 2018. I want to know if I’m eligible to emigrate with my parents as I am over 21 years of age. We have paid the fees as my name appeared in the invoice too. My birthdate is 27th of April 1995.

[aaron2020 11,651]

Your CSPA age is under 21.  You will be able to immigrate with your parents.

 

Google CSPA calculator and you will see that your CSPA age is about 20.  This means you will be immigrating with your parents.  Use 12/1/2018 as the date that the PD became current.

 

Best of luck.

 

 

 

Edited January 26, 2019 by aaron2020

[SusieQQQ 11,586]

Yes, I get the CSPA age at still under 20 years based on the info in first post, @me1796 you are totally fine. Alabamak1 is correct about the case law but it doesn’t matter for you because your CSPA age is under 21 and that is what matters, not your chronological age.

[SusieQQQ 11,586]

24 minutes ago, Alabamak1 said:

nobody has to read it or take the advice.  

The point of these forums is for people to read and take advice. That’s why OP posted in the first place, to get advice. Your attempts to justify your faulty posts are now bordering on the ridiculous. 

 

Anyway at least you admitted you were wrong even if you don’t seem to care about it, so OP understands what the correct advice in fact is,being that he/she is totally fine under CSPA.

Edited January 27, 2019 by SusieQQQ

[Ontarkie 14,229]

~~Over 30 Posts removed for derailing, personal attacks and language. Admin action taken.~~

[geowrian 22,337]

* Moved from K-3 to Bringing Family Members of USCs to America forum *

[me1796 0]

Our priority date is April 24, 2006. In 2009 we received a letter saying that NO visa numbers were available for us and so we should not leave our jobs or sell our property. About a year ago, we got a letter saying that visa numbers were now available for us. The letter didnt say anything else.  I kept on checking the final action dates on the visa bulletin. In January 2019, the priority date on the bulletin was May 2006. We decided to contact the NVC. They sent us a letter via email on 24th of Jan, 2019, stating that we should pay our fees and submit our documents. The letter also said that we should take action within a year.

 

I'm confused about our approval date. Is 24th January, 2019 it? 

[aaron2020 11,651]

The I-130 approval was in 2009.

 

The January 24, 2019 letter is the fee letter.

 

 

[me1796 0]

4 minutes ago, aaron2020 said:

The I-130 approval was in 2009.

 

The January 24, 2019 letter is the fee letter.

 

 

Is there a way to know when the letter was originally issued? Because it was only sent to us after we contacted them 

[aaron2020 11,651]

4 minutes ago, me1796 said:

Is there a way to know when the letter was originally issued? Because it was only sent to us after we contacted them 

You can call and ask,  but it's not important.  

 

You have one year from when your parent's PD first became current to apply for a visa.  If you apply after one year, CSPA will not apply to you.  Pay the fees and apply before the deadline is up. 

Edited January 27, 2019 by aaron2020

[me1796 0]

1 minute ago, aaron2020 said:

You can call and ask,  but it's not important.  

 

You have one year from when your parent's PD first became current to apply for a visa.  If you apply after one year, CSPA will not apply to you.  You have one year from the PD being current to apply.  Pay the fees and apply before the deadline is up. 

Okay there's a little problem, I think. I went through the bulletin again. In December 2018, the current pd was March 2006 and in January 2019 the current pd is May 2006. They just skipped April 2006, which is our pd. Is that a problem? What does it mean?

[aleful 1,905]

hi

 

that's normal, it is from May 15th, 2006 and earlier, so your priority date for the NVC stage is current

[me1796 0]

Just now, aleful said:

hi

 

that's normal, it is from May 15th, 2006 and earlier, so your priority date for the NVC stage is current

Thank you so much! 

[aaron2020 11,651]

Just now, me1796 said:

Okay there's a little problem, I think. I went through the bulletin again. In December 2018, the current pd was March 2006 and in January 2019 the current pd is May 2006. They just skipped April 2006, which is our pd. Is that a problem? What does it mean?

OMG. 

 

I just looked at the Visa Bulletin.  You made a mistake.  You are looking at Table B.  You need to look at Table A.  Your parent's PD did not become current in the December 2018 Visa Bulletin.

 

Please provide the correct information so I can help you.

 

What country is your parent from?  

 

I know this is an F4 case since your aunt petitioned for your parent.  The PD is April 24, 2006.  The I-130 approval letter was dated or received December 31, 2009.  Your birthdate is April 27, 1995.

 

 

[aaron2020 11,651]

5 minutes ago, me1796 said:

Okay there's a little problem, I think. I went through the bulletin again. In December 2018, the current pd was March 2006 and in January 2019 the current pd is May 2006. They just skipped April 2006, which is our pd. Is that a problem? What does it mean?

The current PD for the F4 category worldwide in the December 2018 VB was April 22, 2005.

 

The current PD for the F4 category worldwide in the January 2019 VB is May 22, 2005.