Aged Out

[Angelikaa 5]

Hello! I'm Den from the Philippines. This is my situation right now:

 

Our priority date is June 2, 2000, and it became current on the visa bulletin last May 1, 2020.

 

I turned 21 years old last July 3, 2020. And our case is currently at NVC, we are waiting for their email if there is feedback regarding the documents that we submitted online (CEAC).

 

I would just like to ask if anyone has an idea about my situation? Am I considered aged out or I can still be included in CSPA?

[SusieQQQ 11,586]

What is the petition approval date?

 

Haven't checked the current date but if it’s correct you should be protected anyway as you were under 21 in May, as long as you submit a ds260 within a year of that date. 
 

 

 

Edited July 12, 2020 by SusieQQQ

[igoyougoduke 1,656]

3 hours ago, Angelikaa said:

Hello! I'm Den from the Philippines. This is my situation right now:

 

Our priority date is June 2, 2000, and it became current on the visa bulletin last May 1, 2020.

 

I turned 21 years old last July 3, 2020. And our case is currently at NVC, we are waiting for their email if there is feedback regarding the documents that we submitted online (CEAC).

 

I would just like to ask if anyone has an idea about my situation? Am I considered aged out or I can still be included in CSPA?

your CSPA age is locked in during your immigration petition like I-130. It unlocks when the petition is approved until you file  DS-260. So between the approval of I-130 and DS-260 your days get added to the 21st CSPA age. 

 

So your CSPA age calculation would be : age when I-130 was filed + days from May 1st to the day of filing DS-260 = your CSPA age. You also have up to 1 year from the day of visa availability to file  if you are under 21 as of May 1st 

 

 

 

[aaron2020 11,651]

4 hours ago, Angelikaa said:

Hello! I'm Den from the Philippines. This is my situation right now:

 

Our priority date is June 2, 2000, and it became current on the visa bulletin last May 1, 2020.

 

I turned 21 years old last July 3, 2020. And our case is currently at NVC, we are waiting for their email if there is feedback regarding the documents that we submitted online (CEAC).

 

I would just like to ask if anyone has an idea about my situation? Am I considered aged out or I can still be included in CSPA?

Your CSPA age is under 21.  Your real age was under 21 when the PD first became current, so it doesn't matter that you turned 21 afterwards.

Make sure you file the DS-260 within one year of your PD becoming current - file by May 1, 2021 - to lock your CSPA age in at under 21.

[Angelikaa 5]

2 hours ago, SusieQQQ said:

What is the petition approval date?

 

Haven't checked the current date but if it’s correct you should be protected anyway as you were under 21 in May, as long as you submit a ds260 within a year of that date. 
 

 

 

I am kinda worried about the petition approval date because our petitioner forgot it and we don't know how to compute my age if ever I'll be included in CSPA.

 

I was enlightened by your explanation that I might be protected since I was under 21 when our priority date became current. It means a lot. Thank you so much

 

May I also ask, are we going to contact the NVC to know our petition approval date?

[Angelikaa 5]

1 hour ago, James120383 said:

your CSPA age is locked in during your immigration petition like I-130. It unlocks when the petition is approved until you file  DS-260. So between the approval of I-130 and DS-260 your days get added to the 21st CSPA age. 

 

So your CSPA age calculation would be : age when I-130 was filed + days from May 1st to the day of filing DS-260 = your CSPA age. You also have up to 1 year from the day of visa availability to file  if you are under 21 as of May 1st 

 

 

 

Thank you so much! Now I have to know first the date when the I-130 petition was approved since the petitioner forgot its date.

 

And yes, I am under 21 when the priority date became current. ☺️

 

I'm just worried because I turned 21 while waiting for an email from the NVC about our submitted documents.

 

I'm afraid. I don't want to be the only one left here in the Philippines

[Angelikaa 5]

32 minutes ago, aaron2020 said:

Your CSPA age is under 21.  Your real age was under 21 when the PD first became current, so it doesn't matter that you turned 21 afterwards.

Make sure you file the DS-260 within one year of your PD becoming current - file by May 1, 2021 - to lock your CSPA age in at under 21.

Noted!

 

Thank you so much. All your replies mean A LOT to me!! I've been thinking about this for a while now since I already turned 21 while waiting for their email about our submitted documents.

 

I overthink a lot. Thank you again for explaining it to me!

[SusieQQQ 11,586]

1 hour ago, James120383 said:

your CSPA age is locked in during your immigration petition like I-130. It unlocks when the petition is approved until you file  DS-260. So between the approval of I-130 and DS-260 your days get added to the 21st CSPA age. 

 

So your CSPA age calculation would be : age when I-130 was filed + days from May 1st to the day of filing DS-260 = your CSPA age. You also have up to 1 year from the day of visa availability to file  if you are under 21 as of May 1st 

 

 

 

This is not accurate. Date of filing DS260 is not a factor in the CSPA calculation. Date visa becomes available is what matters.

Edited July 12, 2020 by SusieQQQ