aging out

[enting 0]

hi guys i would like to ask, on how to apply a CSPA ?

i was petitioned by my father when i was 18 years old that was 2005,

and now im already 23 yrs old, i was so disappointed..pls help

[aaron2020 11,651]

hi guys i would like to ask, on how to apply a CSPA ?

i was petitioned by my father when i was 18 years old that was 2005,

and now im already 23 yrs old, i was so disappointed..pls help

Was your father a US citizen when he petitioned for you? If no, when will he become a US citizen?

What is the exact date that your petition was filed?

Has your petition been approved? If yes, then the exact date when it was approved.

Do you know what family preference category you were petitioned under?

Based on the answers to these questions, I can give you a idea whether the Child Status Protection Act will deem you to be under 21.

[NArocks 13]

AS you are willing to answer the OP, here is one,

Father LPR applied in 12/07 son 18 at the time, truned 19 3/08

Father will become a citizen in ( hopefully ) 9/10

???

hi guys i would like to ask, on how to apply a CSPA ?

i was petitioned by my father when i was 18 years old that was 2005,

and now im already 23 yrs old, i was so disappointed..pls help

Was your father a US citizen when he petitioned for you? If no, when will he become a US citizen?

What is the exact date that your petition was filed?

Has your petition been approved? If yes, then the exact date when it was approved.

Do you know what family preference category you were petitioned under?

Based on the answers to these questions, I can give you a idea whether the Child Status Protection Act will deem you to be under 21.

[aaron2020 11,651]

AS you are willing to answer the OP, here is one,

Father LPR applied in 12/07 son 18 at the time, truned 19 3/08

Father will become a citizen in ( hopefully ) 9/10

???

hi guys i would like to ask, on how to apply a CSPA ?

i was petitioned by my father when i was 18 years old that was 2005,

and now im already 23 yrs old, i was so disappointed..pls help

Was your father a US citizen when he petitioned for you? If no, when will he become a US citizen?

What is the exact date that your petition was filed?

Has your petition been approved? If yes, then the exact date when it was approved.

Do you know what family preference category you were petitioned under?

Based on the answers to these questions, I can give you a idea whether the Child Status Protection Act will deem you to be under 21.

With the limited information that you have provided. CSPA will most likely offer relief. If Father becomes a US citizen in 09/2010, Son will be 21 1/2 years old. Father should prepared paperwork to send in on the day he becomes a USC requesting the file be upgraded. Since the application was filed before the Son turned 21 years old by a USC, the Son will not age out. I believe the Son would be a "child" under CSPA and have a visa immediately available to him as an Immediate Relative. This is my opinion. You may want to check with USCIS.

[enting 0]

hi guys i would like to ask, on how to apply a CSPA ?

i was petitioned by my father when i was 18 years old that was 2005,

and now im already 23 yrs old, i was so disappointed..pls help

hello:aaron2020,

my father is not yet US citizen he is still an immigrant until now.

my petitioned filed last January 13, 2005

yes my petitioned was approved last October 16, 2008, but then last november 2008 NVC, send us a letter that i have to wait, because there is no available visa for me.

i think my category is :First Preference Unmarried sons or daughters over 21 years of age

do i have a hope for this?

Edited February 12, 2009 by enting

[aaron2020 11,651]

hi guys i would like to ask, on how to apply a CSPA ?

i was petitioned by my father when i was 18 years old that was 2005,

and now im already 23 yrs old, i was so disappointed..pls help

hello:aaron2020,

my father is not yet US citizen he is still an immigrant until now.

my petitioned filed last January 13, 2005

yes my petitioned was approved last October 16, 2008, but then last november 2008 NVC, send us a letter that i have to wait, because there is no available visa for me.

i think my category is :First Preference Unmarried sons or daughters over 21 years of age

do i have a hope for this?

You are not in the F1 family preference category, US citizen petitioning for child. You are either in the F2a category, LPR petitioning for spouse and children (under 21 years of age), or F2b, LPR petitioning for unmarried children 21 years of age or older.

CSPA age = (Age at time visa becomes available) - (Time it took I-130 to be approved).

Currently, visas are available for F2a Filipinos with Priority Dates before July 1, 2004 and for F2b Filipinos with PDs before Dec. 1, 1997.

Your time to get approval is 3 years, 9 months and 2 days.

So, if your PD becomes current before you turn 24 years, 9 months and 1 days, CSPA will save you under the F2a category.

CSPA Age (20 years 11 months 29 days) = Age at time visa becomes available (24 years 9 months 1 day) - Time to get approved (3 years 9 months 2 days).

I cannot predict whether your PD will be current before you turn 24 years 9 months 1 day. I hope it does because your CSPA age will get you a visa.

If your PD does not become current before that time, you will be in the F2b category.

DO NOT GET MARRIED while your Father is a LPR as there is no category for an LPR to petition for a married child.

Edited February 12, 2009 by aaron2020

[enting 0]

hi guys i would like to ask, on how to apply a CSPA ?

i was petitioned by my father when i was 18 years old that was 2005,

and now im already 23 yrs old, i was so disappointed..pls help

hello:aaron2020,

my father is not yet US citizen he is still an immigrant until now.

my petitioned filed last January 13, 2005

yes my petitioned was approved last October 16, 2008, but then last november 2008 NVC, send us a letter that i have to wait, because there is no available visa for me.

i think my category is :First Preference Unmarried sons or daughters over 21 years of age

do i have a hope for this?

You are not in the F1 family preference category, US citizen petitioning for child. You are either in the F2a category, LPR petitioning for spouse and children (under 21 years of age), or F2b, LPR petitioning for unmarried children 21 years of age or older.

CSPA age = (Age at time visa becomes available) - (Time it took I-130 to be approved).

Currently, visas are available for F2a Filipinos with Priority Dates before July 1, 2004 and for F2b Filipinos with PDs before Dec. 1, 1997.

Your time to get approval is 3 years, 9 months and 2 days.

So, if your PD becomes current before you turn 24 years, 9 months and 1 days, CSPA will save you under the F2a category.

CSPA Age (20 years 11 months 29 days) = Age at time visa becomes available (24 years 9 months 1 day) - Time to get approved (3 years 9 months 2 days).

I cannot predict whether your PD will be current before you turn 24 years 9 months 1 day. I hope it does because your CSPA age will get you a visa.

If your PD does not become current before that time, you will be in the F2b category.

DO NOT GET MARRIED while your Father is a LPR as there is no category for an LPR to petition for a married child.

thanks for the info aaron2020,

so, i have to wait till my PD will be available? and thats the time, i can apply for CSPA? so i can still apply even if im 24 or 25 years older?

pls help on what should i do next, so that my category will not turn into F2b.

[jula 0]

AS you are willing to answer the OP, here is one,

Father LPR applied in 12/07 son 18 at the time, truned 19 3/08

Father will become a citizen in ( hopefully ) 9/10

...Since the application was filed before the Son turned 21 years old by a USC, the Son will not age out. I believe the Son would be a "child" under CSPA and have a visa immediately available to him as an Immediate Relative.

aaron2020, I have a different understanding

The category will be determined by the age on the day father becames USC. That means Narock is in F1, but can keep the PD Dec 07.

[NArocks 13]

I guess when we cross this Bridge we will see that is the diffucult task of this law. Really Really confusing, I begin to wonder does he remain an LPR to see if the CSPA will help his son? Or become a Citizen and hope for the best? We will continue to investigate this as we go on. Thanks for replying everyone. Wish all of us with kids and this LAW knew what was really going on.

AS you are willing to answer the OP, here is one,

Father LPR applied in 12/07 son 18 at the time, truned 19 3/08

Father will become a citizen in ( hopefully ) 9/10

...Since the application was filed before the Son turned 21 years old by a USC, the Son will not age out. I believe the Son would be a "child" under CSPA and have a visa immediately available to him as an Immediate Relative.

aaron2020, I have a different understanding

The category will be determined by the age on the day father becames USC. That means Narock is in F1, but can keep the PD Dec 07.

[Mononoke28 134]

AS you are willing to answer the OP, here is one,

Father LPR applied in 12/07 son 18 at the time, truned 19 3/08

Father will become a citizen in ( hopefully ) 9/10

...Since the application was filed before the Son turned 21 years old by a USC, the Son will not age out. I believe the Son would be a "child" under CSPA and have a visa immediately available to him as an Immediate Relative.

aaron2020, I have a different understanding

The category will be determined by the age on the day father becames USC. That means Narock is in F1, but can keep the PD Dec 07.

Based on other readings I've done I thought the same thing, that even though the father filed for his son when he was 18, the father became a US citizen when he was over 21 and would fall into the first category, Unmarried Sons and Daughters of Citizens.

But again, it's one of those things people are not sure of and unfortunately for whatever reasons don't come back to share the info. Hopefully NArocks will share that with us to be sure.

Diana

[shelee 0]

hi guys i would like to ask, on how to apply a CSPA ?

i was petitioned by my father when i was 18 years old that was 2005,

and now im already 23 yrs old, i was so disappointed..pls help

hello:aaron2020,

my father is not yet US citizen he is still an immigrant until now.

my petitioned filed last January 13, 2005

yes my petitioned was approved last October 16, 2008, but then last november 2008 NVC, send us a letter that i have to wait, because there is no available visa for me.

i think my category is :First Preference Unmarried sons or daughters over 21 years of age

do i have a hope for this?

Hi aaron! ask ko lang kung aside dun sa letter n pinadala sayo ng NVC last november stating that you still have to wait because there is no visa yet available for you eh may na receive ka na ulet na letter from NVC? almost close kasi yung PD nten eh mine is JAN 4, 2005 and we both in F2A category. Until now I havent receive any letter or forms fo fill in from NVC. for what I have read in some of the discussions here NVC starts sending forms (DS230, etc) approximately 6-9 moths before PD becomes current. Tnx!

[aaron2020 11,651]

hi guys i would like to ask, on how to apply a CSPA ?

i was petitioned by my father when i was 18 years old that was 2005,

and now im already 23 yrs old, i was so disappointed..pls help

hello:aaron2020,

my father is not yet US citizen he is still an immigrant until now.

my petitioned filed last January 13, 2005

yes my petitioned was approved last October 16, 2008, but then last november 2008 NVC, send us a letter that i have to wait, because there is no available visa for me.

i think my category is :First Preference Unmarried sons or daughters over 21 years of age

do i have a hope for this?

Hi aaron! ask ko lang kung aside dun sa letter n pinadala sayo ng NVC last november stating that you still have to wait because there is no visa yet available for you eh may na receive ka na ulet na letter from NVC? almost close kasi yung PD nten eh mine is JAN 4, 2005 and we both in F2A category. Until now I havent receive any letter or forms fo fill in from NVC. for what I have read in some of the discussions here NVC starts sending forms (DS230, etc) approximately 6-9 moths before PD becomes current. Tnx!

I don't understand your question. Please send it in English.

[tvivle 0]

hi guys i would like to ask, on how to apply a CSPA ?

i was petitioned by my father when i was 18 years old that was 2005,

and now im already 23 yrs old, i was so disappointed..pls help

hello:aaron2020,

my father is not yet US citizen he is still an immigrant until now.

my petitioned filed last January 13, 2005

yes my petitioned was approved last October 16, 2008, but then last november 2008 NVC, send us a letter that i have to wait, because there is no available visa for me.

i think my category is :First Preference Unmarried sons or daughters over 21 years of age

do i have a hope for this?

Hi aaron! ask ko lang kung aside dun sa letter n pinadala sayo ng NVC last november stating that you still have to wait because there is no visa yet available for you eh may na receive ka na ulet na letter from NVC? almost close kasi yung PD nten eh mine is JAN 4, 2005 and we both in F2A category. Until now I havent receive any letter or forms fo fill in from NVC. for what I have read in some of the discussions here NVC starts sending forms (DS230, etc) approximately 6-9 moths before PD becomes current. Tnx!

I don't understand your question. Please send it in English.

hello everyone... i think i have the same question. im already 21 years old last october 2008. visa available last feb. 2 2008. got the notification to submit form d230 last march 12, 2009. am i still covered in the child protection act? im so confused.