Expedition for aging out

[Renee17 0]

Hello everyone! I wanna know does a beneficiary being close to aging out really fall under the expedition criteria? I've seen it under this criteria but does it really work out? Anyone who had an experience with this type of expedition or are trying to expedite their cases this way please tell me about your experience and if it really works or not. Those who had been successful expediting their cases this way, did you hire a lawyer? Or did you do everything on your own?

[JFH 12,191]

Have you taken CSPA into account? 

[Renee17 0]

3 hours ago, JFH said:

Have you taken CSPA into account? 

Yeah I did but I'm a little confused about it. I'm a beneficiary under f4 Visa, I'm a derivative beneficiary, in some articles I've seen that it's not applicable to derivative beneficiaries and in other articles I've seen that it is applicable to them, so I'm really confused here. Also I've seen cases here in this forum being expedited and those cases such as: petition for children of us permanent residents and citizens both fall under this cspa criteria but they still got approved. I've also seen some cases like this getting expedited even before their priority date became current, some even before being approved, which really surprised me. How did they do this? Did they hire an attorney? Or are there some other facts behind this? I'm really confused about  this whole aging out thing

[aaron2020 11,651]

There is no expediting for a beneficiary aging out.

Before CSPA, expediting was possible when a USC would petition an unmarried child under age 21 who would age out at 21.  With CSPA, that problem was eliminated.  

With the family preference categories, there is no expediting for aging out.  CSPA locks a child's age in when the PD becomes current.  A case can not be expedited when the PD is not current.  No way around a PD that is not current.  CSPA locks the age in with a current PD so there is no reason for an expedite since the beneficiary child would not age out.  
 

Where did you see these cases where people got expedites before their PD become current?  Please link.  

 

[Renee17 0]

3 minutes ago, aaron2020 said:

There is no expediting for a beneficiary aging out.

Before CSPA, expediting was possible when a USC would petition an unmarried child under age 21 who would age out at 21.  With CSPA, that problem was eliminated.  

With the family preference categories, there is no expediting for aging out.  CSPA locks a child's age in when the PD becomes current.  A case can not be expedited when the PD is not current.  No way around a PD that is not current.  CSPA locks the age in with a current PD so there is no reason for an expedite since the beneficiary child would not age out.  
 

Where did you see these cases where people got expedites before their PD become current?  Please link.  

 

Here in this forum. The expedition due to aging out cases that I've seen almost all got approvals to expedite, yes there were cases where their priority dates were current but there were also cases where the priority dates weren't current but they still got approved. They were all under family-based immigration categories but I've also seen k-2 expedite due to aging out cases getting approved here which I can totally get as those children do not fall under the cspa category. There was one Pakistani man under family-based immigration whose mother applied for his sisters but one of them was aging out and their case wasn't even approved so they petitioned the uscis for an expedition and they got one. Their case was approved  and immediately shipped to nvc from where the rest of the proceedings were conducted. There was also the case of one of my distant relatives in my country whose priority date was 2007 but her dad got their f4 Visa expedited in 2018 because she would turn 21 in the next 12 months and they got an expedition that was in 2018 and back then their priority date was far from being current. I also was and still am surprised with these cases

[SusieQQQ 11,587]

50 minutes ago, Renee17 said:

Here in this forum. The expedition due to aging out cases that I've seen almost all got approvals to expedite, yes there were cases where their priority dates were current but there were also cases where the priority dates weren't current but they still got approved. They were all under family-based immigration categories but I've also seen k-2 expedite due to aging out cases getting approved here which I can totally get as those children do not fall under the cspa category. There was one Pakistani man under family-based immigration whose mother applied for his sisters but one of them was aging out and their case wasn't even approved so they petitioned the uscis for an expedition and they got one. Their case was approved  and immediately shipped to nvc from where the rest of the proceedings were conducted. There was also the case of one of my distant relatives in my country whose priority date was 2007 but her dad got their f4 Visa expedited in 2018 because she would turn 21 in the next 12 months and they got an expedition that was in 2018 and back then their priority date was far from being current. I also was and still am surprised with these cases

Can you please link to these cases? (Not the k2, it’s not relevant)

[aaron2020 11,651]

There is no expediting for aging out in the family preference categories.  The stories you heard are wrong.  US laws does not allow granting visas before the PD are current.  There are no exceptions.  Absolutely no reason to expedite when the PD is not current.   No one here on VJ will lie to you and tell you otherwise.  

[SusieQQQ 11,587]

It doesn’t even matter if the petition is somehow expedited before it’s current, because an actual visa is not available until the priority date is current, and the CSPA age cannot be calculated before the PD is current either.  Nothing of consequence can happen before the priority date is current.

[SusieQQQ 11,587]

1 hour ago, Renee17 said:

There was one Pakistani man under family-based immigration whose mother applied for his sisters but one of them was aging out and their case wasn't even approved so they petitioned the uscis for an expedition and they got one. Their case was approved  and immediately shipped to nvc from where the rest of the proceedings were conducted

Would like to see a link, this sounds like it might have been a case where the PD was current before the case was approved, in which case the expediting makes sense. Normally if CSPA is involved you want them to take maximum time to approve, not to rush it.

[JFH 12,191]

Seems odd that someone concerned about a potential aging-out situation would want the petition expedited. That’s counter-productive. The quicker the petition is approved, the less use the CSPA is. Personally, if my child were facing an aging-out situation I’d be more than happy for the petition to gather dust in the USCIS storage room waiting for approval until the PD is current. 

Edited February 18, 2021 by JFH

[Renee17 0]

8 hours ago, SusieQQQ said:

It doesn’t even matter if the petition is somehow expedited before it’s current, because an actual visa is not available until the priority date is current, and the CSPA age cannot be calculated before the PD is current either.  Nothing of consequence can happen before the priority date is current.

But when does the f4 Visa category ever become  current? I've seen mostly the f2A category becoming current once in like every month but the f4 category never becomes current. Whenever I check there are dates in the f4 category but when does the letter c, which means current usually appears in this category 

[Renee17 0]

8 hours ago, SusieQQQ said:

Would like to see a link, this sounds like it might have been a case where the PD was current before the case was approved, in which case the expediting makes sense. Normally if CSPA is involved you want them to take maximum time to approve, not to rush it.

But the PD never becomes current  for f4. I never saw the letter "c" ever in this category. When does it become current? I don't  know  how to post a link here, but the title is "children aging out" under the tag bringing family of permanent residents. I can understand that man's case, I think his sisters were under f2A and that becomes current every month. But how and when does a f4 Visa ever become current?

Edited February 19, 2021 by Renee17

[HRQX 4,145]

10 minutes ago, Renee17 said:

But when does the f4 Visa category ever become  current?

After clicking the Month link, see the Final Action Dates chart. "Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below." https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

 

"Priority Date" is the date the petition was filed.

Edited February 19, 2021 by HRQX

[SusieQQQ 11,587]

53 minutes ago, Renee17 said:

But when does the f4 Visa category ever become  current? I've seen mostly the f2A category becoming current once in like every month but the f4 category never becomes current. Whenever I check there are dates in the f4 category but when does the letter c, which means current usually appears in this category 

You need to read the descriptions in the visa bulletin. C in a category means all priority dates are current, it is unusual. A particular category is current when the priority date on the petition is earlier than the date in chart A. So F4, for most countries, is presently current for all petitions filed before 15 October 2006.  https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-february-2021.html
 

 

[Renee17 0]

3 hours ago, SusieQQQ said:

You need to read the descriptions in the visa bulletin. C in a category means all priority dates are current, it is unusual. A particular category is current when the priority date on the petition is earlier than the date in chart A. So F4, for most countries, is presently current for all petitions filed before 15 October 2006.  https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-february-2021.html
 

 

Thank you so much for the link and for providing me with information. Also I've heard somewhere that Visa for all categories becomes current in the first day of the month. Is it true?