Aged out child

[AV53 5]

Hello,

I would like someone to help me with my sister's situation; her priority date just became current, but two of her daughters aged out, and their name is not on the welcome letter.

Considering that my mom applied for her when the kids were under 21 years old, are the kids eligible for CSPA Act?

I heard she could apply for them right after getting her green card with the same priority date she initially had; is this true?

I would appreciate it if anyone could help me understand this process.

 

Thank you

[Boiler 45,451]

CSPA always applies.

 

New applications have new priority dates, are they single or married?

[AV53 5]

18 minutes ago, Boiler said:

CSPA always applies.

 

New applications have new priority dates, are they single or married?

They are single 22 & 26 years old

[Boiler 45,451]

I would think the 22 year old might have a chance, 26 maybe iffy.

[AV53 5]

1 hour ago, Boiler said:

I would think the 22 year old might have a chance, 26 maybe iffy.

my question/ confusion is what we need to do?

 

[Boiler 45,451]

10 minutes ago, AV53 said:

my question/ confusion is what we need to do?

 

I would run the numbers and see if they have or have not aged out

[AV53 5]

1 hour ago, Boiler said:

I would run the numbers and see if they have or have not aged out

we did, they do unfortunately,

[Boiler 45,451]

F2b it is then, as long as they do not marry.

[SteveInBostonI130 3,432]

6 hours ago, AV53 said:

we did, they do unfortunately,

This is for F3, and the PD is current?

 

So the petition was filed sometime before Nov 2008, correct?

 

I would not have thought USCIS would approved the I-130 within a year.  Some hypothetical dates/numbers:

 

- PD Oct 2008.  

- I-130 approved Oct 2012.

- 22 yr old is actually 22 and 11 months.

- Subtract 4 years from the 22 year old, the CSPA age is 18 years 11 months.  Qualifies to be derivative

- The 26 year old:  CSPA age is 22, does not qualify as derivative.

 

 

[manyfudge 285]

@AV53, you need to find the exact priority date and i-130 approval date.

[limegreenbowler 45]

4 hours ago, SteveInBostonI130 said:

This is for F3, and the PD is current?

 

So the petition was filed sometime before Nov 2008, correct?

 

I would not have thought USCIS would approved the I-130 within a year.  Some hypothetical dates/numbers:

 

- PD Oct 2008.  

- I-130 approved Oct 2012.

- 22 yr old is actually 22 and 11 months.

- Subtract 4 years from the 22 year old, the CSPA age is 18 years 11 months.  Qualifies to be derivative

- The 26 year old:  CSPA age is 22, does not qualify as derivative.

 

 

The second part of CSPA is the "sought to acquire within one year" part, which for DOS generally means paying the IV fee within one year of the PD becoming current. This is what kills a lot of otherwise CSPA-eligible applicants.

[AV53 5]

5 hours ago, SteveInBostonI130 said:

This is for F3, and the PD is current?

 

So the petition was filed sometime before Nov 2008, correct?

 

I would not have thought USCIS would approved the I-130 within a year.  Some hypothetical dates/numbers:

 

- PD Oct 2008.  

- I-130 approved Oct 2012.

- 22 yr old is actually 22 and 11 months.

- Subtract 4 years from the 22 year old, the CSPA age is 18 years 11 months.  Qualifies to be derivative

- The 26 year old:  CSPA age is 22, does not qualify as derivative.

 

 

the receipt date is Jan 22, 2010

the notice date is Feb 1st 2010 

PD date is  Jan 18, 2010

the kids were 10 & 14 bay then.

I guess approval date is receipts date?

 

Many thanks,

[AV53 5]

1 hour ago, limegreenbowler said:

The second part of CSPA is the "sought to acquire within one year" part, which for DOS generally means paying the IV fee within one year of the PD becoming current. This is what kills a lot of otherwise CSPA-eligible applicants.

my question is the waiting time, the F2b category takes 5 years!

1 hour ago, manyfudge said:

@AV53, you need to find the exact priority date and i-130 approval date.

PD  Jan 22, 2010

Approval   Feb 1st,  2010

[limegreenbowler 45]

12 minutes ago, AV53 said:

my question is the waiting time, the F2b category takes 5 years!

PD  Jan 22, 2010

Approval   Feb 1st,  2010

Probably longer than 5 years, as the category is oversubscribed. You can check the Visa Bulletin each month, but between April 2022 and April 2023, F2B has not moved at all and is still at PDs of 22-SEP-15.

[manyfudge 285]

42 minutes ago, AV53 said:

PD  Jan 22, 2010

Approval   Feb 1st,  2010

This is confusing.

Your married (?) sister is being sponsored by your mother?

 

You said that her priority date just became current.  That is not possible because the current priority date form F3 is 8-December-2008.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2023/visa-bulletin-for-may-2023.html