CSPA Pending time calculation

[Mido J 0]

So I,m trying to calculate CSPA age for my child, when I come to calculate the pending time, what confuses me is that I don't know which approval date to use, so I have 2 dates now, the notice date for I-797 which says that my case has been approved and goes to NVC, and another approval date which is found on the USCIS website for checking my case status (and there is a difference in both dates about 3 years) if I used the date of notice on I-797, the CSPA for my child is over 21 and if I used the date on the USCIS website, my child is going to be under 21 and might get lucky to come with me.

 

Thanks in advance

[SusieQQQ 11,586]

The approval date is the first i797 notice that is labeled approval notice and will say something like “the above petition has been approved”. Not sure what the date on the website is.

[Mido J 0]

I mean this website https://egov.uscis.gov/casestatus/landing.do

[SusieQQQ 11,586]

What date did you submit the petition, and what is the date on your i797? Are you sure you are not confusing the i797 receipt notice with the i797 approval notice? Usually the receipt notice arrives shortly after petition submission with the priority date, and the approval notice arrives significantly later. 
 

Also, what type of petition is this for?

Edited July 10, 2020 by SusieQQQ

[NancyNguyen 1,657]

32 minutes ago, Mido J said:

So I,m trying to calculate CSPA age for my child, when I come to calculate the pending time, what confuses me is that I don't know which approval date to use, so I have 2 dates now, the notice date for I-797 which says that my case has been approved and goes to NVC, and another approval date which is found on the USCIS website for checking my case status (and there is a difference in both dates about 3 years) if I used the date of notice on I-797, the CSPA for my child is over 21 and if I used the date on the USCIS website, my child is going to be under 21 and might get lucky to come with me.

 

Thanks in advance

You received 2 I-797 (one for received, one for approval) they have 2 different dates on it, you need to know them to calculate waiting time.

[Mido J 0]

Submitting the petition was on 2010, its I-130 (F4 visa category for brother and sister of US citizens); and my child is considered as derivative beneficiary

I think i'm not confusing both because i got 3 I-797 notice

One is the receipt notice

Two was that my case is transferred (From Vermont Service Center to National Benefit Center 'NBC")

Three is the approval Notice, which says my case is approved and goes to NVC (2012) 

 

But when i checked this website https://egov.uscis.gov/casestatus/landing.do; it says that my case was approved on 2015 (instead of 2012 as was mention in I-797 Approval Notice)

[SusieQQQ 11,586]

14 minutes ago, Mido J said:

Submitting the petition was on 2010, its I-130 (F4 visa category for brother and sister of US citizens); and my child is considered as derivative beneficiary

I think i'm not confusing both because i got 3 I-797 notice

One is the receipt notice

Two was that my case is transferred (From Vermont Service Center to National Benefit Center 'NBC")

Three is the approval Notice, which says my case is approved and goes to NVC (2012) 

 

But when i checked this website https://egov.uscis.gov/casestatus/landing.do; it says that my case was approved on 2015 (instead of 2012 as was mention in I-797 Approval Notice)

I don’t think you can go by the website, you have to go by the date on the i797 approval notice, 2012.  But in any case F4 for 2010 is still a good few years away from being current. Probably at least 5 years away.

Edited July 10, 2020 by SusieQQQ

[geowrian 22,337]

Yes, you need to figure out the actual date of filing and actual ate of approval to determine CSPA eligibility. I would go by the paper notices...the website is only a convenience. If not certain, call USCIS and ask.

 

That said, if the petition was filed in 2010 for a F4 category, all of this is moot right now. There's still likely another 3-4 years or so before CSPA eligibility can be determined. The Priority Date (PD) for F4 is Aug 26 2006, or earlier for India, Mexico, and the Philippines.

Until the PD is current, CSPA eligibility can only be ruled out, not ruled in.

 

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

Edited July 10, 2020 by geowrian

[Mido J 0]

 Okay, Thank you all for ur help☺️ 😢 

[aaron2020 11,651]

What are the first 4 numbers in your NVC case number?  XXX2012 or XXX2015?  XXX is the consulate/embassy code which are 3 letters.

 

How old is your child right now?  Birthdate if possible.

Edited July 10, 2020 by aaron2020

[Mido J 0]

I still did not get any NVC case number because my priority date is still not close to be current in Chart A or B in the visa bulletin 

[aaron2020 11,651]

Since your case is at the NVC, you have a NVC case number.  Look at your I-797 from 2012.  Which embassy/consulate will the beneficiary interview at?

 

Also, how old is your child? 

Edited July 10, 2020 by aaron2020

[Mido J 0]

No NVC case numbers was mentioned in the approval notice I-797, only have a receipt number

[aaron2020 11,651]

Trying to help you. 

 

How old is your child?

[Mido J 0]

My child was born in 1999 (Now: 21 years old), but based on the expected date for my priority date to become current is about 3-4 years (he is going to be 24 or 25 years old), when my US brother applied for the petition he was 11 years old)

Edited July 10, 2020 by Mido J