F4 PHILIPPINES 2021 CSPA

[Rosemune 0]

Hi guys!

 

I would like to ask for your advice. My family recently got our welcome letter thru email since the last March 2021 visa bulletin - dates for filing, our PD got included. 

 

PD: Jan 23,2003

Approval date: Aug 25,2009

 

My concern is that me and my 2 brothers are already in our  early twenties  and we're just completing the documents and paying for the necessary fees. I would like to know if we're still qualified for the immigration with my parents under CSPA? here are our birthdates:

 

ME: 07/16/1995 - 25

Bro1: 07/10/1994 - 26

Eldest" 04/17/1997 -23

 

thank you very much!

[yeg2phl 0]

When your PD becomes current per Visa Bulletin Chart A (currently 22Aug02 for Sept 2021) is the CSPA point of calculation. Bro1, born in 94, may still use CSPA if PD becomes current on Feb 2022 Visa Bulletin Chart A or earlier (pending time plus 21 years). Meanwhile, paying the AOS fee, derivatives must be named thereon, will automatically freeze CSPA ages once PD becomes current.

[aaron2020 11,651]

On 4/16/2021 at 1:25 AM, Rosemune said:

Hi guys!

 

I would like to ask for your advice. My family recently got our welcome letter thru email since the last March 2021 visa bulletin - dates for filing, our PD got included. 

 

PD: Jan 23,2003

Approval date: Aug 25,2009

 

My concern is that me and my 2 brothers are already in our  early twenties  and we're just completing the documents and paying for the necessary fees. I would like to know if we're still qualified for the immigration with my parents under CSPA? here are our birthdates:

 

ME: 07/16/1995 - 25

Bro1: 07/10/1994 - 26

Eldest" 04/17/1997 -23

 

thank you very much!

Since it took USCIS 6 years, 7 months, and 2 days (Jan 23, 2003 to Aug 25, 2009) to approve the I-130, then derivative beneficiaries get an extra 6 years, 7 months, and 2 days of protection under CSPA.  That means - a derivative beneficiary who turns 27 years, 7 months, and 2 days before the PD becomes current in Table A of the monthly Visa Bulletin will have aged out and not qualify for a visa.

Your age calculations are wrong.  ME is 26 years old.  Bro1 is 27 years old.  Eldest is 24 years old.  

If the PD does not become current by the Feb 2022 VB, then Bro1 will be older than 27 years, 7 months, and 2 days.  He will age out and there is no way for him to be an eligible derivative.