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Posted (edited)

Hello. Thank you for guiding me.


I checked the formula for calculating the CSPA age for the derivative beneficiary, and there are two important dates in it:
*Pending time: The time from when the I-130 petition is filed to when it is approved.
*Visa Availability date: The time when a visa number becomes available for the beneficiary, i.e., when the priority date becomes current according to the Visa Bulletin.


Now here is my question, typically, for I-130 petitions, how long is the time between when petition will be approved and the date of Visa Availability?

Additional information: the I-130 petition was filed by a US Citizen in 2013 and it is in pending status. The petition is filed by mu aunt for her sister.

Edited by Armo
Posted (edited)
14 minutes ago, Armo said:

Hello. Thank you for guiding me.


I checked the formula for calculating the CSPA age for the derivative beneficiary, and there are two important dates in it:
*Pending time: The time from when the I-130 petition is filed to when it is approved.
*Visa Availability date: The time when a visa number becomes available for the beneficiary, i.e., when the priority date becomes current according to the Visa Bulletin.


Now here is my question, typically, for I-130 petitions, how long is the time between when petition will be approved and the date of Visa Availability?

Additional information: the I-130 petition was filed by a US Citizen in 2013 and it is in pending status. The petition is filed by mu aunt for her sister.

 

Which country? If it's not Mexico or the Philippines then another decade or so to go as a rough guess - longer if from either of those two countries. 

Edited by appleblossom
Posted (edited)
8 minutes ago, appleblossom said:

 

Which country? If it's not Mexico or the Philippines then another decade or so to go as a rough guess - longer if from either of those two countries. 

Country: Iran.

So after approving the the I-130 petition, it will take about 10 years that the priority date will become current!?

have been any cases that the mentioned process took under 2-3 years?

Edited by Armo
Posted
1 minute ago, Armo said:

Iran.

So after approving the the I-130 petition, it will take about 10 years that the priority date will become current!?

have been any cases that the mentioned process took under 2-3 years?

 

No, not after approving the I-130 petition, just from today. The I-130 petition could be approved tomorrow, or in several years, no way of knowing that.

 

I'm surprised it hasn't been approved already if it was filed in 2013, are you sure it hasn't? Average processing time given is 4.5 years. https://egov.uscis.gov/processing-times/ But it's hugely helpful it it really has taken 10+ years to approve it if you are trying to qualify under CPSA. 

 

If you can give more details of ages/dates, then people can tell you if they think there's any chance under CPSA or not. Presumably you're a child of the sister? 

Posted (edited)
9 minutes ago, appleblossom said:

 

No, not after approving the I-130 petition, just from today. The I-130 petition could be approved tomorrow, or in several years, no way of knowing that.

 

I'm surprised it hasn't been approved already if it was filed in 2013, are you sure it hasn't? Average processing time given is 4.5 years. https://egov.uscis.gov/processing-times/ But it's hugely helpful it it really has taken 10+ years to approve it if you are trying to qualify under CPSA. 

 

If you can give more details of ages/dates, then people can tell you if they think there's any chance under CPSA or not. Presumably you're a child of the sister? 

Thank you for your reply.

Yes I am her son.

I am not sure that I-130 has been approved or not. I checked https://egov.uscis.gov/ and https://www.uscis.gov/ but in non of them is directly mentioned that the petition has been approved or not.

And I am 30 years old.

Edited by Armo
Posted
1 minute ago, Armo said:

Thank you for your reply.

Yes I am her son.

I am not sure that I-130 has been approved or not. I checked https://egov.uscis.gov/ and https://www.uscis.gov/ but in non of them is directly mentioned that the petition has been approved or not.

And I am 30 years old.

 

So you were 20 when the petition was filed? I can't see any way you'd not age out then tbh. 

 

What does the online case status say?

 

 

Posted
Just now, appleblossom said:

 

So you were 20 when the petition was filed? I can't see any way you'd not age out then tbh. 

 

What does the online case status say?

 

 

in the case of aging out, by assuming that the I-130 petition has not been approved yet, according to my calculations, the only way that I'd not aged out is that the duration between the I-130 approval data and visa availability date should be less than 1.5 year.

 

Online status says that the case migrated to ELIS. 

Posted (edited)
3 minutes ago, Armo said:

in the case of aging out, by assuming that the I-130 petition has not been approved yet, according to my calculations, the only way that I'd not aged out is that the duration between the I-130 approval data and visa availability date should be less than 1.5 year.

 

Online status says that the case migrated to ELIS. 

 

Yes, exactly. Given the average is 4.5 years and it's already been double that, I think it's very unlikely it'll take that long to be approved. But you never know. 

 

Are you married? 

Edited by appleblossom
Posted
1 minute ago, appleblossom said:

 

Yes, exactly. Given the average is 4.5 years and it's already been double that, I think it's very unlikely it'll take that long to be approved. But you never know. 

yes. according to the previous cases or other sources, do you know that approximately how much delay is between the I-130 approval date and visa availability date?

Posted
2 minutes ago, Armo said:

yes. according to the previous cases or other sources, do you know that approximately how much delay is between the I-130 approval date and visa availability date?

 

Far longer than yours. As I said above, the average processing time for the I-130 is 4.5 years, so there would normally be 15 years or so between the I-130 being approved and a visa becoming available. 

 

Are you married?

Posted (edited)
19 minutes ago, appleblossom said:

 

Far longer than yours. As I said above, the average processing time for the I-130 is 4.5 years, so there would normally be 15 years or so between the I-130 being approved and a visa becoming available. 

 

Are you married?

No. 

And the reason for this questions is that I have strong passion for studying graduate degree in USA next year in order to enhance my job prospects in my hometown. I really want to come back to my hometown after studying in USA. However, If I am considered as a derivative beneficiary and I'd not aged out and considered eligible to get (f4) visa with my mom, the chance of getting student visa may become zero. As a result, I really hope that I will aged out by their formulation in order to increase the possibility of getting student visa next year.

Edited by Armo
Posted
10 minutes ago, Armo said:

No. 

And the reason for this questions is that I have strong passion for studying graduate degree in USA next year in order to enhance my job prospects in my hometown. I really want to come back to my hometown after studying in USA. However, If I considered as a derivative beneficiary, the chance of getting student visa may become zero. As a result, I really hope that will  aged out by their formulation in order to increase the possibility of getting student visa next year.

 

I'm not sure it will make much difference tbh, even now they know you're very unlikely to be a derivative beneficiary. All you can do is apply and see what happens.

 

Good luck. 

Posted (edited)
3 minutes ago, appleblossom said:

 

I'm not sure it will make much difference tbh, even now they know you're very unlikely to be a derivative beneficiary. All you can do is apply and see what happens.

 

Good luck. 

does your first sentence mean that by having this I-130 petition related to my mother, the possibility of getting student visa for me will reduce dramatically (regardless of being derivative beneficiary or not) ?

Edited by Armo
 
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