Child Aging Out? CSPA may help

[wulfgang82 0]

Hi, I am from the philippines and i've been petitioned by my daughter and have a pending interview on october 7.My petition is IR-5 or immediate relative which is "parents of a US citizen(At least 21 yrs of age).I would just like to ask if I can take my son to the consul which just turned 22 may 31,2010.My daughter in US sent our application (me and my son) to nvc. Mine was approved but my son's wasn't.But NvC told us that we can take him to the consul.Can anyone help me with this.

[kor 0]

Hi,

My uncle applied for my mom for US green card, please look at the following date:

Apply Date: 11-02-1999

Approved Date: 06-06-2005

DOB: 28-04-1983

The result is 21 years and 3 months according to calculator.

However, I have read that :

"Section 3 of CSPA amends section 203(h)(3), INA as follows:

RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A)and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition. [ Reference: http://shusterman.com/newsletterusimmigrationapril2007.html#7]"

I also read that:

"The clear and unmistakable import of the BIA decision is that where an alien child is a derivative beneficiary under a principal beneficiary of any preference petition, and is determined to be 21 years of age or older and has therefore become ineligible for the benefit of § 203(h)(1), he or she may nonetheless be eligible for retaining the earlier priority date of the original petition that enabled the original principal beneficiary become a lawful permanent resident.

The principal beneficiary may then file a relative petition for the derivative beneficiary who would then fall under the second preference category as an unmarried son or daughter of the principal beneficiary.

[Ref: http://www.ilw.com/articles/2006,1005-patel.shtm ]

Do you think that I am eligible to apply under F-2B category and use the priority date of the original petition, which in my case belonges to my mom.

Thank you for your support.

Edited September 16, 2010 by kor

[sz110 0]

I have a question if someone can help me

My cousin is about 26 years 3 months. The difference between petition priority date and approved is 6 years. that means her eligibility date would be 20 years 3 months. we have just got the Agent 3032 application and it seems like case is moving a long. does anyone know if she would be eligible? please help!!

[Lexlee08 18]

Hi everyone,

I'm wondering if there is any update on any CSPA cases lately. I have consulted Atty. Palacios sometime in September for my brother's case. I actually found some more information and basing from the info I got my brother already aged out, I-130 filed 4/1/1988 and approved 6/4/1988, so we can only deduct 2 months from his age his DOB 3/6/1987. I asked the lawyer about the provision of CSPA regarding the retention of priority date and he said that USCIS have been denying these cases and at this time there is a pending case against USCIS by a group of immigration lawyers, I'm not quite sure about it but he said that his law firm have stopped filing for these cases because USCIS will just deny it. I have been checking updates from Atty. Robert Reeves' website as he is one of the plaintiffs from the case and so far no update yet. My parents' case just got completed November 30,2010 and of course with the retrogression I'm not sure how long we still need to wait. I still don't have any update from NVC regarding my inquiry about my brother's CSPA case. I will e-mail NVC again and see what they say but at this time, what do I need to do, have you guys heard of any updates?

[Lexlee08 18]

Hi guys,

I got this reply from NVC regarding my brother's CSPA inquiry is he qualifies or not. From this reply it looks like he qualifies but the reply came from a "contractual worker" from NVC so I'm not quite sure if this is accurate or not also there is no further instructions on how to proceed with the case. Below is the reply from NVC, see what you think?

Dear Sir/Madam:

Your inquiry has been received at the National Visa Center (NVC). The applicant's name has been placed on the list of documentarily qualified cases awaiting the availability of visa numbers under the numerical limitations prescribed by statute. The designated representative of this case (applicant, petitioner, or attorney) will be notified of an appointment date as soon as the numbers have been received. The applicant should NOT make any travel arrangements, sell property, or give up employment until the US Embassy or Consulate General has issued a visa.

An immigrant visa is usually valid for six months from the date it is issued. It may be used to apply for admission into the United States any time during its validity.

Sincerely,

Maya

National Visa Center

Written Inquiry Unit

Serco Inc.

Support Contractor

NVCInquiry@state.gov

This email is Sensitive but Unclassified based on the definitions provided in 12 FAM 540.

Any information in this transmission pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential under Section 222(f) of the Immigration and Nationality Act (INA) [8 US C. Section 1202]. Access to and use of such information must be solely for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States under INA 222(f) and as specified in FAM guidance. If you have received such information in error, do not review, retransmit, disclose, disseminate, use, or take any action in reliance upon this information, and contact the sender as soon as possible.

[nsranapk 1]

Hi guys,

I got this reply from NVC regarding my brother's CSPA inquiry is he qualifies or not. From this reply it looks like he qualifies but the reply came from a "contractual worker" from NVC so I'm not quite sure if this is accurate or not also there is no further instructions on how to proceed with the case. Below is the reply from NVC, see what you think?

Dear Sir/Madam:

Your inquiry has been received at the National Visa Center (NVC). The applicant's name has been placed on the list of documentarily qualified cases awaiting the availability of visa numbers under the numerical limitations prescribed by statute. The designated representative of this case (applicant, petitioner, or attorney) will be notified of an appointment date as soon as the numbers have been received. The applicant should NOT make any travel arrangements, sell property, or give up employment until the US Embassy or Consulate General has issued a visa.

An immigrant visa is usually valid for six months from the date it is issued. It may be used to apply for admission into the United States any time during its validity.

Sincerely,

Maya

National Visa Center

Written Inquiry Unit

Serco Inc.

Support Contractor

NVCInquiry@state.gov

This email is Sensitive but Unclassified based on the definitions provided in 12 FAM 540.

Any information in this transmission pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential under Section 222(f) of the Immigration and Nationality Act (INA) [8 US C. Section 1202]. Access to and use of such information must be solely for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States under INA 222(f) and as specified in FAM guidance. If you have received such information in error, do not review, retransmit, disclose, disseminate, use, or take any action in reliance upon this information, and contact the sender as soon as possible.

[nsranapk 1]

Hi guys,

I got this reply from NVC regarding my brother's CSPA inquiry is he qualifies or not. From this reply it looks like he qualifies but the reply came from a "contractual worker" from NVC so I'm not quite sure if this is accurate or not also there is no further instructions on how to proceed with the case. Below is the reply from NVC, see what you think?

Dear Sir/Madam:

Your inquiry has been received at the National Visa Center (NVC). The applicant's name has been placed on the list of documentarily qualified cases awaiting the availability of visa numbers under the numerical limitations prescribed by statute. The designated representative of this case (applicant, petitioner, or attorney) will be notified of an appointment date as soon as the numbers have been received. The applicant should NOT make any travel arrangements, sell property, or give up employment until the US Embassy or Consulate General has issued a visa.

An immigrant visa is usually valid for six months from the date it is issued. It may be used to apply for admission into the United States any time during its validity.

Sincerely,

Maya

National Visa Center

Written Inquiry Unit

Serco Inc.

Support Contractor

NVCInquiry@state.gov

This email is Sensitive but Unclassified based on the definitions provided in 12 FAM 540.

Any information in this transmission pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential under Section 222(f) of the Immigration and Nationality Act (INA) [8 US C. Section 1202]. Access to and use of such information must be solely for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States under INA 222(f) and as specified in FAM guidance. If you have received such information in error, do not review, retransmit, disclose, disseminate, use, or take any action in reliance upon this information, and contact the sender as soon as possible.

Can you tell me, what did you write to NVC, because I need to send e-mail to NVC to tell me review case under CSPA Law

[tinnie 0]

hello! may i just ask something..

my cousin sent a letter to NVC last december 3, 2010 regarding his CSPA status.

the NVC replied "the decision will depend on the consul". my cousin turned 21 last october 2 2010. will there be a possibility that he will not migrate with his family?

he is a derivative beneficiary.

[Jojo92122 1,924]

hello! may i just ask something..

my cousin sent a letter to NVC last december 3, 2010 regarding his CSPA status.

the NVC replied "the decision will depend on the consul". my cousin turned 21 last october 2 2010. will there be a possibility that he will not migrate with his family?

he is a derivative beneficiary.

Only the US consular officer examining the case will have a definite answer.

Whether CSPA will offer relief to your cousin depends on how long it took USCIS (formerly INS) to approve the I-130 and when the PD is deemed current. Retrogression in the family preference categories will be a factor in making the final determination.

[tinnie 0]

Only the US consular officer examining the case will have a definite answer.

Whether CSPA will offer relief to your cousin depends on how long it took USCIS (formerly INS) to approve the I-130 and when the PD is deemed current. Retrogression in the family preference categories will be a factor in making the final determination.

what are the chances? will he be included in the medical and interview then?

thanks for the reply =)

[Jojo92122 1,924]

what are the chances? will he be included in the medical and interview then?

thanks for the reply =)

I wish I could tell you. There is no way for me to give you a guess. I don't have the information that the NVC has.

[Visa Grant 78]

Just for the calculation of CSPA age, VJers can use the provided link...(http://www.viet.ws/CSPA.html)

Thanks to VJ Member udaypannu..

[hopefulguy 0]

My mom got married to an american guy who is a US citizen. My step-dad (my petitioner) petitioned my mom and my younger brother who are now a Lawful Permanent Residence of US. I didn't come with them because I want to finish my school here in the Philippines. I was only 17 when both of them were petitioned by my step dad. I stayed with my grandparents here in the Phil. Fortunately I graduated and got a job. I enjoyed working for almost 4 years. In the year 2008 I realized that I wanna be with my family. My step dad filed a petition for me (I-130). I made a research about petitioning child over 21 years old and I found out that here in the Philippines it would take 5-10 years to get a visa available. I told my step dad about what I've found out. He told me that I am still included with my sisters and mom's petition therefor According to him I don't belong with F1 Visa. Here are my questions I hope some could help me understand things:

1. Some says that the petition must be filed before I turned 21. Is that right? However my step dad just filed the I-130 petition just 2008 and it was approved by USCIS just this year (May 10, 2011).

2. I heard about CSPA, is there an exception with my case? My stepdad send a letter to USCIS explaining the reason why they didn't filed the petition when I'm under 21 years old. (Before my petitioned got approved, USCIS asked for supporting documents (RFE) like the death certificate of my dad and certificate of non marriage.)

3. Am I eligible for K2 visa then?

4. USCIS sent the approval notice to my stepdad saying that they will send the approved petition to the NVC and gave us 90 days to wait for visa processing. It also stated that I will be receiving a paper as well coming from the consulate here in the Phil. If I may ask, All of the notice of approval sent to the petitioner has the same content just like what my step dad received?

Thanks for taking time reading my concern. I know that your reply will help me understand things.

[jlccristobal 0]

hello every one..im just wondering if you guys can help me.. im an f2a unmarried daughter of a LPR.. im just worried about my petition because:

1. i think i have aged out., im already 21 last march 2011

2. i have read some timelines from other petitioner and their processing is really fast unlike mine.. my priority date was nov. 3 2009. and until now i'm still waiting for my interview,, i was able to complete and sent back my paper works last january 2011.

3. i am diabetic,, some says that having it may affect my approval.. can somebody help me?

do you guys think that i still have the chance get the approval??

[Griselita 0]

Hi!

I need help with the CSPA Age Calculator!

What dates i have to enter in the fields No. 1,2,3 and 5?

The following are excerpts from some emails and written communications sent to me and my father.:

wich one are the right one for each field?

I-797

Received Date: July 27, 2007

Notice Date: September 11, 2007

Notice Type: Receipt notice

First line says:

This notices confirm that USCIS received your application or petition....

I-797

Received Date: September 10, 2007

Notice Date: April 25, 2011

Notice Type: Approval Notice

First line says:

The above petition has been approved. we sent the original visa petition to the Deparment of National Visa Center (NVC).........

"On April 25 2011 we mailed you a notice that we have approved this i130......"

A comunication to the Petitioner (my father)

June 24 2011

The immigrant visa petition recently filed on your behalf is now elegible for further processing at the NVC....

And a communication to me:

May 9 2011

The immigrant visa petition filed on behalf of [MY NAME] has become elegible for further processing at the NVC.....

Which one of those dates are what i have to enter to the CSPA calculator

And this can help me to define my timeline or immigration journey