F4 Retrogression and Aged-Out Beneficiaries

[Agent_Zero 0]

Hi I just want to know.. I'm 23 y/o right now.. Priority date of my father was Feb, 2, 1991.. I don't know what's the meaning of case creation date but it was dated April 17, 1991.. Petition got approved last September 14, 2011 .. We received an interview letter August 12, 2014 to our surprise I was still included even if i'm 22 that time.. BTW.. Oct. 5, 1991 was my birthday.. our scheduled interview was rescheduled to January 5, 2014.. I just want to know the odds i'm facing.. so that I can prepare for the worst..

[Ad_In 1]

Hi I just want to know.. I'm 23 y/o right now.. Priority date of my father was Feb, 2, 1991.. I don't know what's the meaning of case creation date but it was dated April 17, 1991.. Petition got approved last September 14, 2011 .. We received an interview letter August 12, 2014 to our surprise I was still included even if i'm 22 that time.. BTW.. Oct. 5, 1991 was my birthday.. our scheduled interview was rescheduled to January 5, 2014.. I just want to know the odds i'm facing.. so that I can prepare for the worst..

Why is your petition approval date 20 years after the petition was filed? Are you sure about that? If the petition was filed on Feb 2, 1991 it would make more sense if the approval date is April 17, 1991.

If we use April 17, 1991 as the petition approval date your CSPA age is 22 years, 7 mos. and 24 days which means you have already aged out. My nephew was interviewed last month (Nov. 24) and denied visa because his CSPA age is 22 years and 3 months. He was told to apply for a waiver which costs $585 without a lawyer. We still don't know if it's worth pursuing it because there is no guarantee the waiver will be approved (and if it is the appropriate course of action for his case). Hiring a lawyer will cost at least $4000 here in the US.

Good luck with your interview. It is very infuriating to go through all the application process, payment of fees ($500+), medical and interview only to be denied because you have aged out, which they should already have considered before they scheduled your interview.

[Boiler 45,541]

What waiver? You qualify or do not.

20 years seems unusually long.

[Agent_Zero 0]

We're under F4 category... yeah we're kinda expecting for a negative result.. it's just confusing that they still included me on the interview letter that was sent to us this year(2014)...

[Agent_Zero 0]

Why is your petition approval date 20 years after the petition was filed? Are you sure about that? If the petition was filed on Feb 2, 1991 it would make more sense if the approval date is April 17, 1991.

If we use April 17, 1991 as the petition approval date your CSPA age is 22 years, 7 mos. and 24 days which means you have already aged out. My nephew was interviewed last month (Nov. 24) and denied visa because his CSPA age is 22 years and 3 months. He was told to apply for a waiver which costs $585 without a lawyer. We still don't know if it's worth pursuing it because there is no guarantee the waiver will be approved (and if it is the appropriate course of action for his case). Hiring a lawyer will cost at least $4000 here in the US.

Good luck with your interview. It is very infuriating to go through all the application process, payment of fees ($500+), medical and interview only to be denied because you have aged out, which they should already have considered before they scheduled your interview.

I'm confused with the date, September 14, 2011 we got a letter from NVC that they received our documents, isn't that the approval date or the Visa became available??

[Visa Grant 78]

You are eligible for Visa under the CSPA...So just go ahead and prepare for your documents...NVC don't include if they aged out and as such you are part of the procedure.......you are good to go...

Good Luck...

Edited December 12, 2014 by Visa Grant

[Agent_Zero 0]

You are eligible for Visa under the CSPA...So just go ahead and prepare for your documents...NVC don't include if they aged out and as such you are part of the procedure.......you are good to go...

Good Luck...

Thanks!! For now I just have to keep on praying and keep the positive vibe..

[Visa Grant 78]

Thanks!! For now I just have to keep on praying and keep the positive vibe..

Good Luck..

[Agent_Zero 0]

Hello everyone, just want to update you guys, yesterday I had my interview and the consul said that "everything looks okay" after that we proceed to the releasing area, the releasing officer just gave us the waiver on joining the service and explained the consequences we will face if I will not register within 30 days and told us to wait for the delivery of the passport.. does that mean we're good to go??

[apple21 953]

Hello everyone, just want to update you guys, yesterday I had my interview and the consul said that "everything looks okay" after that we proceed to the releasing area, the releasing officer just gave us the waiver on joining the service and explained the consequences we will face if I will not register within 30 days and told us to wait for the delivery of the passport.. does that mean we're good to go??

Sounds good. Congrats!

[Visa Grant 78]

Hello everyone, just want to update you guys, yesterday I had my interview and the consul said that "everything looks okay" after that we proceed to the releasing area, the releasing officer just gave us the waiver on joining the service and explained the consequences we will face if I will not register within 30 days and told us to wait for the delivery of the passport.. does that mean we're good to go??

You forgot to do this...

You're good to go...Good Luck..

[Agent_Zero 0]

Thank you all... I also checked our case on their website and it says "Issued" .. Just waiting for our passport now..

[lengygf 25]

Hi Ad_ln:

I would like to remind you about an very important fact regarding CSPA age calculation. In cases of vb cutoff date retrogression, the earlist date when the applicant's priority date became current should be used for CSPA age calculation.

You mentioned that your brother's priority date became current in 2010. ( or it was "almost current"?) if so, that date should be used for CSPA calculation.

One more concern is that your bro's case may not be eligible for CSPA at all because it was filed in 1991, one requirement of CSPA is that the case must be filed after its implementation in July 2002.

[lengygf 25]

Ad_ln:

Nevermind. I checked vb history for phillipine. The F4 date reached April 1st 1991 before the huge retrogression. Your brother's case did not become current at that time.

Best Wishes

[Agent_Zero 0]

You forgot to do this...

You're good to go...Good Luck..

thanks for giving hope when I was in doubt before the interview..