F4 Immigration children aged out

[BeeDrill 1]

We were under 21 when our IV Application form DS-260 was accepted at NVC. Both me and my sister are currently 23 and 24 years old. Are we still eligible to be in this case with the applicant which is my father and his brother is the petitioner?

Yesterday all of the required documents were accepted at NVC. Do we just wait for NVC to schedule an appointment now?

[appleblossom 2,445]

More info is needed to tell you if you'll qualify under CPSA or not. What is the PD, and how long did it take for the I-130 to be approved?

[BeeDrill 1]

1 hour ago, appleblossom said:

More info is needed to tell you if you'll qualify under CPSA or not. What is the PD, and how long did it take for the I-130 to be approved?

Priority date is Oct4 2006. 
on Jun21 2019  NVC received this case from USCIS

[appleblossom 2,445]

1 minute ago, BeeDrill said:

Priority date is Oct4 2006. 
on Jun21 2019  NVC received this case from USCIS

 

When was the I-130 approved?

[BeeDrill 1]

7 minutes ago, appleblossom said:

 

When was the I-130 approved?

sorry, I don't know how to find this exact info. after applying on Oct4 2006 we received a mail on Mar22 2010 with a case number where it also stated that visa numbers were not available at that time for use.

 

[appleblossom 2,445]

7 minutes ago, BeeDrill said:

sorry, I don't know how to find this exact info. after applying on Oct4 2006 we received a mail on Mar22 2010 with a case number where it also stated that visa numbers were not available at that time for use.

 

 

Then that sounds like the approval notice date - it took a long time so really helps you and you should be well under 21 according to CPSA. But I've just noticed that it's taken a really long time for you to become DQ'ed, why is that, particularly if you submitted the DS-260's years ago? Remember that CPSA only applies if you 'sought to acquire' a visa within a year of your PD becoming current. 

 

 

 

[BeeDrill 1]

11 minutes ago, appleblossom said:

 

Then that sounds like the approval notice date - it took a long time so really helps you and you should be well under 21 according to CPSA. But I've just noticed that it's taken a really long time for you to become DQ'ed, why is that, particularly if you submitted the DS-260's years ago? Remember that CPSA only applies if you 'sought to acquire' a visa within a year of your PD becoming current. 

 

 

 

My mother was sick and she died a few months ago.
Now that all the documents have been accepted, will I be eligible & how long it may take for the schedule?

[appleblossom 2,445]

13 minutes ago, BeeDrill said:

My mother was sick and she died a few months ago.
Now that all the documents have been accepted, will I be eligible & how long it may take for the schedule?

 

I'm sorry to hear that.

 

When your PD became current, how long was it before you started the process, when did you submit the DS-260? The 'sought to acquire' rule isn't something I know much about, so hopefully if you can give a bit more info then one of the forum pros will be along to help you if CPSA will still apply. 

Edited January 26 by appleblossom

[BeeDrill 1]

5 minutes ago, appleblossom said:

 

I'm sorry to hear that.

 

When your PD became current, how long was it before you started the process, when did you submit the DS-260? 

Case transferred to NVC on Jun21 2019
Started the process within 5 months
Submitted DS-260 on Jun19 2020

[manyfudge 285]

How old were you on Jan 1, 2021?

 

That was when your ages were frozen as that is when your priority date became current.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-january-2021.html

 

Looks like you sought to acquire in good time.

 

 

[BeeDrill 1]

10 hours ago, manyfudge said:

How old were you on Jan 1, 2021?

 

That was when your ages were frozen as that is when your priority date became current.

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-january-2021.html

 

Looks like you sought to acquire in good time.

 

 

I was 20 and my sister was 21 years old at that time.

[manyfudge 285]

You are 100% fine.  
 

How old was sister? 21 + ? months?  She is most likely fine too as the processing time was longer then ? months?

Edited January 27 by manyfudge

[BeeDrill 1]

6 hours ago, manyfudge said:

You are 100% fine.  
 

How old was sister? 21 + ? months?  She is most likely fine too as the processing time was longer then ? months?

She was 21 years and 4 months old. yes, processing for the DS-260 took 5 months.
thanks a lot to both of you guys for giving your time.

[manyfudge 285]

2 hours ago, BeeDrill said:

processing for the DS-260 took 5 months.

It is the processing time for the i130 which matters but i would be very surprised if it were shorter than 4 months.

 

What’s the date on the i130 approval? Should be a 797 notice.