Does CSPA apply to F4 Derivative Beneficiaries (Nephew/Nice)?

[svusa 0]

27 minutes ago, aaron2020 said:

 

 

Here's something to consider, I have NEVER heard of a F4 case that USCIS has not approved in 10 years.  It's likely that USCIS approved the I-130 years ago and has already forwarded it to the NVC.  

 

How would I know if USCIS has reviewed and approved I-130? only letter I have received is original receipt with priority date. 

[SusieQQQ 11,587]

Here are extracts from the actual manual that consular officials use, including showing it is applicable to derivatives in family cases. It also explains the calculation method, I haven’t included that extract as you already seem to understand it better than your attorney does, but you can refer to the text  for it.  Please fire the attorney.

 

The CSPA potentially applies to virtually all immigrant visa cases including immediate relatives, family and employment-based visa classifications, derivatives in Diversity Visa (DV) cases, derivatives in Special Immigrant Visa (SIV) cases, beneficiaries under the Violence Against Women Act (VAWA), and derivatives in asylee and refugee cases (for classes not covered by CSPA, see 9 FAM 502.1-1(D)(3)).….

 

Inapplicability of the CSPA [There is a list of categories that are specifically excluded from CSPA listed in the link, of course no family case is included in that]…

For most preference category and derivative petitions, the “CSPA age” is determined on the date that the visa, or in the case of derivative beneficiaries, the principal applicant’s visa became available..

 

https://fam.state.gov/FAM/09FAM/09FAM050201.html

[SusieQQQ 11,587]

31 minutes ago, aaron2020 said:

Here's something to consider, I have NEVER heard of a F4 case that USCIS has not approved in 10 years.  It's likely that USCIS approved the I-130 years ago and has already forwarded it to the NVC.  

California Service Center is listing processing times on F4 as 128.5 Months to 167 Months https://egov.uscis.gov/processing-times/

 

That’s however not relevant to the fact that the attorney does not know what he is talking about. He seems to understand neither how CSPA is calculated nor to whom it applies. 

[svusa 0]

Just now, SusieQQQ said:

California Service Center is listing processing times on F4 as 128.5 Months to 167 Months https://egov.uscis.gov/processing-times/

 

 

 

correct. This case is with the California center. last I checked it was processing receipt date of 2007, so I expect few more years before I-130 gets approved. 

 

By the way - Attorney is gone! He is part of legal plan network I subscribe to, but his lack of knowledge is obvious in this case.