Child Aging Out? CSPA may help

[nbfsb 0]

Hi, Im 20 years old and Im about to turn 21 this January 7, 2009. I'm an IR-2 visa applicant and I just had my interview today(Dec 17), got the pink slip. cool.

But the thing is, the interview officer told me that I have to leave the day before I turn 21 (that would be January 6, 2009) but the releasing officer told me that the visa will be delivered 2-3 weeks later. I can't afford that. That would be exactly 3 weeks. I asked the releasing officer about my case and he said that I am eligible for the CSPA and that I do not need to leave before my 21st birthday. He said my deadline is May 27, 2009 because that is also the day my medical will expire. My question is which of the two will I believe? by the way, the interview officer is an American and the releasing officer is Filipino. So when is it? January or May? What does the

-- I am also on IR2 petition.I am already 22 years old when I was interviewed & granted a visa. there was a note on my passport that I shall leave before my medical exam expires. I will be leaving next week. =)

[tvivle 0]

Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.

Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:

1. The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
2. A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
3. Another good source of information on CSPA: http://www.tancincolaw.com/tancinco_subidx...co2004626105042
4. CSPA Age Calculator: CSPA_Age_Caculator.zip

I found the age calculator a very helpful tool. James E. Leck of Boston University deserves a special thanks for creating this calculator. I am sure there are other good sources of information on CSPA.

Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . 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. . ."

Good Luck.

hello everyone. i would like to ask if im still covered in the CSPA. im already 21 years old last october 2008. my category is F2a. my priority date is march 2003. my visa becomes current last feb. 2, 2008. got the notification to submit d230 last march 12, 2009. im really confused if im still covered or not. pls help me.

[Constantine 0]

hi,Im new here and I have a question.

My grand mother USC field an I-130 application for my mother and her her family on December 16, 1999.Unfortunitly I had aged out.Now I need to know If I can use CSPA.Could You Please help me.

Case Type: I130 - IMMIGRANT PETITION FOR RELATIVE, FIANCE (E), OR ORPHAN

Receipt date: December 16, 1999

Priority date : December 16, 1999

Notice Date : July 25, 2002

My birth date: Sep 11, 1981

If not ,what can I do now?!

[aaron2020 11,651]

hi,Im new here and I have a question.

My grand mother USC field an I-130 application for my mother and her her family on December 16, 1999.Unfortunitly I had aged out.Now I need to know If I can use CSPA.Could You Please help me.

Case Type: I130 - IMMIGRANT PETITION FOR RELATIVE, FIANCE (E), OR ORPHAN

Receipt date: December 16, 1999

Priority date : December 16, 1999

Notice Date : July 25, 2002

My birth date: Sep 11, 1981

If not ,what can I do now?!

Was July 25, 2002, the date that USCIS approved the I-130 petition for your mother and forwarded it to the National Visa Center? If yes, then CSPA will not offer you relief. The time between approval of the I-130 and the Priority Date is not counted in calculating your CSPA age. If your CSPA age is less than 21, CSPA applies. If your CSPA age is over 21, then you have aged out. You are 28 years old, so your CSPA age is 25. You have aged out.

Your only hope of immigrating through a family member is to have your mom petition for you once she becomes a Legal Permanent Resident (LPR or green card holder). The I-130 for you would be in the F2b category, LPR petitioning for unmarried child 21 years or older. Currently, people applying in Nov 2000 are getting their visas. So once your mother comes to America, it will take another 9 years for you to get a visa. If you get married before your mother becomes a US citizen, your petition will be denied as a LPR cannot petition for a married child. You can get married after she becomes a US citizen, then your wife and children can all come to the US. This is the F3 category, US citizen petitioning for a married child.

The wait for F3 is also around 9 years. SO DO NOT GET MARRIED UNTIL AFTER YOUR MOTHER BECOMES A US CITIZEN OR YOUR I-130 PETITION WILL BE DENIED.

[aaron2020 11,651]

Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.

Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:

1. The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
2. A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
3. Another good source of information on CSPA: http://www.tancincolaw.com/tancinco_subidx...co2004626105042
4. CSPA Age Calculator: CSPA_Age_Caculator.zip

I found the age calculator a very helpful tool. James E. Leck of Boston University deserves a special thanks for creating this calculator. I am sure there are other good sources of information on CSPA.

Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . 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. . ."

Good Luck.

hello everyone. i would like to ask if im still covered in the CSPA. im already 21 years old last october 2008. my category is F2a. my priority date is march 2003. my visa becomes current last feb. 2, 2008. got the notification to submit d230 last march 12, 2009. im really confused if im still covered or not. pls help me.

You may be out of luck. Please check with a good immigration lawyer. In order for CSPA to apply, a beneficiary must attempt to adjust his/her status within a year. You appear to be outside of that period. This is where a good lawyer may be able to help you. USCIS is a big bureaucracy and probably has several hundreds of thousands of applications, so it is up to the petitioner and beneficiary to notify USCIS when a beneficiary is about to turn 21 years old. USCIS will not contact anyone about aging out.

If CSPA does not apply, you will be moved to the F2b category, LPR petitioning for a unmarried child 21 or older. As a Filipina, you would have to wait another 5 years. If your petitioning parent becomes a US citizen, you will remain in the F2b category unless your parent notifies USCIS that they are a citizen. That's not a good idea because it takes longer for a US citizen to petition for a unmarried child from the Philippines than a LPR (a quirk of the system).

You need a good lawyer to help with your case and to give you all your options.

[Constantine 0]

hi,Im new here and I have a question.

My grand mother USC field an I-130 application for my mother and her her family on December 16, 1999.Unfortunitly I had aged out.Now I need to know If I can use CSPA.Could You Please help me.

Case Type: I130 - IMMIGRANT PETITION FOR RELATIVE, FIANCE (E), OR ORPHAN

Receipt date: December 16, 1999

Priority date : December 16, 1999

Notice Date : July 25, 2002

My birth date: Sep 11, 1981

If not ,what can I do now?!

Was July 25, 2002, the date that USCIS approved the I-130 petition for your mother and forwarded it to the National Visa Center? If yes, then CSPA will not offer you relief. The time between approval of the I-130 and the Priority Date is not counted in calculating your CSPA age. If your CSPA age is less than 21, CSPA applies. If your CSPA age is over 21, then you have aged out. You are 28 years old, so your CSPA age is 25. You have aged out.

Your only hope of immigrating through a family member is to have your mom petition for you once she becomes a Legal Permanent Resident (LPR or green card holder). The I-130 for you would be in the F2b category, LPR petitioning for unmarried child 21 years or older. Currently, people applying in Nov 2000 are getting their visas. So once your mother comes to America, it will take another 9 years for you to get a visa. If you get married before your mother becomes a US citizen, your petition will be denied as a LPR cannot petition for a married child. You can get married after she becomes a US citizen, then your wife and children can all come to the US. This is the F3 category, US citizen petitioning for a married child.

The wait for F3 is also around 9 years. SO DO NOT GET MARRIED UNTIL AFTER YOUR MOTHER BECOMES A US CITIZEN OR YOUR I-130 PETITION WILL BE DENIED.

Thank you for the answer,Could this one help me???

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

and also what does it mean?? is this work for me?

Petition Initially Filed as Immediate Relative (IR) Child. If an alien is seeking to adjust status on the basis of being the beneficiary of an approved petition for classification as an IR (or IR self-petitioner under VAWA) and the petition was initially filed for classification as an IR, then the alien’s age for CSPA purposes is the age of the alien on the date on which the petition for classification as an IR (or IR self-petitioner under VAWA) was filed. If the alien was under the age of 21 at the time a petition was filed on his or her behalf for classification as an IR (or IR self-petitioner under VAWA), the alien will not age out.

[aaron2020 11,651]

hi,Im new here and I have a question.

My grand mother USC field an I-130 application for my mother and her her family on December 16, 1999.Unfortunitly I had aged out.Now I need to know If I can use CSPA.Could You Please help me.

Case Type: I130 - IMMIGRANT PETITION FOR RELATIVE, FIANCE (E), OR ORPHAN

Receipt date: December 16, 1999

Priority date : December 16, 1999

Notice Date : July 25, 2002

My birth date: Sep 11, 1981

If not ,what can I do now?!

Was July 25, 2002, the date that USCIS approved the I-130 petition for your mother and forwarded it to the National Visa Center? If yes, then CSPA will not offer you relief. The time between approval of the I-130 and the Priority Date is not counted in calculating your CSPA age. If your CSPA age is less than 21, CSPA applies. If your CSPA age is over 21, then you have aged out. You are 28 years old, so your CSPA age is 25. You have aged out.

Your only hope of immigrating through a family member is to have your mom petition for you once she becomes a Legal Permanent Resident (LPR or green card holder). The I-130 for you would be in the F2b category, LPR petitioning for unmarried child 21 years or older. Currently, people applying in Nov 2000 are getting their visas. So once your mother comes to America, it will take another 9 years for you to get a visa. If you get married before your mother becomes a US citizen, your petition will be denied as a LPR cannot petition for a married child. You can get married after she becomes a US citizen, then your wife and children can all come to the US. This is the F3 category, US citizen petitioning for a married child.

The wait for F3 is also around 9 years. SO DO NOT GET MARRIED UNTIL AFTER YOUR MOTHER BECOMES A US CITIZEN OR YOUR I-130 PETITION WILL BE DENIED.

Thank you for the answer,Could this one help me???

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

and also what does it mean?? is this work for me?

Petition Initially Filed as Immediate Relative (IR) Child. If an alien is seeking to adjust status on the basis of being the beneficiary of an approved petition for classification as an IR (or IR self-petitioner under VAWA) and the petition was initially filed for classification as an IR, then the alien’s age for CSPA purposes is the age of the alien on the date on which the petition for classification as an IR (or IR self-petitioner under VAWA) was filed. If the alien was under the age of 21 at the time a petition was filed on his or her behalf for classification as an IR (or IR self-petitioner under VAWA), the alien will not age out.

The case you cited is unlikely to help you. The person was already in the US and there are very specific facts that will not apply to you. You are not an IR so that will not apply to you either. Go talk to a lawyer. You are unlikely to get the detailed information that you want on a public forum from non-lawyers.

[sheilsys 0]

My son born in 0ct. 1, 1987. I filed petition I-130 march 1 of 2006. His petition was approved march of 2009. now NVC says his status is F2B?? Should he not be F2A since he was 18 when I originally filed the paper? Need help!

Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.

Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:

1. The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
2. A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
3. Another good source of information on CSPA: http://www.tancincolaw.com/tancinco_subidx...co2004626105042
4. CSPA Age Calculator: CSPA_Age_Caculator.zip

I found the age calculator a very helpful tool. James E. Leck of Boston University deserves a special thanks for creating this calculator. I am sure there are other good sources of information on CSPA.

Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . 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. . ."

Good Luck.

[aaron2020 11,651]

My son born in 0ct. 1, 1987. I filed petition I-130 march 1 of 2006. His petition was approved march of 2009. now NVC says his status is F2B?? Should he not be F2A since he was 18 when I originally filed the paper? Need help!

Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.

Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:

1. The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
2. A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
3. Another good source of information on CSPA: http://www.tancincolaw.com/tancinco_subidx...co2004626105042
4. CSPA Age Calculator: CSPA_Age_Caculator.zip

I found the age calculator a very helpful tool. James E. Leck of Boston University deserves a special thanks for creating this calculator. I am sure there are other good sources of information on CSPA.

Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . 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. . ."

Good Luck.

Your son's final category is determined by his age when an immigration visa becomes available, not how old he was when you filed. Currently, he is in the F2b category as he is 21 years or older.

Since it took three years for your son's petition to be approved, CSPA would possibly shave 3 years off his real age for immigration purposes; filed March 2006 and approved March 2009. In the F2a category for Filipinos, the current Priority Date (PD) is October 8, 2004. So your son's PD will be current in this category within 17 months (IF - big IF - the PD advances inline with the calendar), your son will be 23 years old on October 1, 2011. CSPA will shave 3 years off, so his CSPA age will be 20 years old.

Right now, I don't think you can request that USCIS and the NVC change your son's category back to F2a. You may be able to do it as his PD is about to become current in a year. You should make an argument that his CSPA age will be under 21 and thus he is eligible for a visa under the F2a category.

This is only my opinion. You should consult with an immigration lawyer. It's worth saving your son six years of waiting in the Philippines .

Edited April 20, 2009 by aaron2020

[sheilsys 0]

I JUST RECEIVED A REPLY FOR MY DISPUTE!!!!THEY SWITCHED HIM BACK TO F2A CATEGORY!!!!!I AM SO HAPPY!!!!

My son born in 0ct. 1, 1987. I filed petition I-130 march 1 of 2006. His petition was approved march of 2009. now NVC says his status is F2B?? Should he not be F2A since he was 18 when I originally filed the paper? Need help!

Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.

Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:

1. The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
2. A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
3. Another good source of information on CSPA: http://www.tancincolaw.com/tancinco_subidx...co2004626105042
4. CSPA Age Calculator: CSPA_Age_Caculator.zip

I found the age calculator a very helpful tool. James E. Leck of Boston University deserves a special thanks for creating this calculator. I am sure there are other good sources of information on CSPA.

Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . 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. . ."

Good Luck.

Your son's final category is determined by his age when an immigration visa becomes available, not how old he was when you filed. Currently, he is in the F2b category as he is 21 years or older.

Since it took three years for your son's petition to be approved, CSPA would possibly shave 3 years off his real age for immigration purposes; filed March 2006 and approved March 2009. In the F2a category for Filipinos, the current Priority Date (PD) is October 8, 2004. So your son's PD will be current in this category within 17 months (IF - big IF - the PD advances inline with the calendar), your son will be 23 years old on October 1, 2011. CSPA will shave 3 years off, so his CSPA age will be 20 years old.

Right now, I don't think you can request that USCIS and the NVC change your son's category back to F2a. You may be able to do it as his PD is about to become current in a year. You should make an argument that his CSPA age will be under 21 and thus he is eligible for a visa under the F2a category.

This is only my opinion. You should consult with an immigration lawyer. It's worth saving your son six years of waiting in the Philippines .

[tvivle 0]

Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.

Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:

1. The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
2. A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
3. Another good source of information on CSPA: http://www.tancincolaw.com/tancinco_subidx...co2004626105042
4. CSPA Age Calculator: CSPA_Age_Caculator.zip

I found the age calculator a very helpful tool. James E. Leck of Boston University deserves a special thanks for creating this calculator. I am sure there are other good sources of information on CSPA.

Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . 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. . ."

Good Luck.

hello everyone. i would like to ask if im still covered in the CSPA. im already 21 years old last october 2008. my category is F2a. my priority date is march 2003. my visa becomes current last feb. 2, 2008. got the notification to submit d230 last march 12, 2009. im really confused if im still covered or not. pls help me.

You may be out of luck. Please check with a good immigration lawyer. In order for CSPA to apply, a beneficiary must attempt to adjust his/her status within a year. You appear to be outside of that period. This is where a good lawyer may be able to help you. USCIS is a big bureaucracy and probably has several hundreds of thousands of applications, so it is up to the petitioner and beneficiary to notify USCIS when a beneficiary is about to turn 21 years old. USCIS will not contact anyone about aging out.

If CSPA does not apply, you will be moved to the F2b category, LPR petitioning for a unmarried child 21 or older. As a Filipina, you would have to wait another 5 years. If your petitioning parent becomes a US citizen, you will remain in the F2b category unless your parent notifies USCIS that they are a citizen. That's not a good idea because it takes longer for a US citizen to petition for a unmarried child from the Philippines than a LPR (a quirk of the system).

You need a good lawyer to help with your case and to give you all your options.

my grandmother consult a lawyer but my dad is against it. instead of having a lawyer he prefer to hold on the NVC. what happen next? im so clueless about this. another question: i did put my grandmother as agent will that affect the delay? should the agent be the petitioner? because my dad scolded me bout putting my grandma as agent. tia

[aaron2020 11,651]

Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.

Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:

1. The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
2. A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
3. Another good source of information on CSPA: http://www.tancincolaw.com/tancinco_subidx...co2004626105042
4. CSPA Age Calculator: CSPA_Age_Caculator.zip

I found the age calculator a very helpful tool. James E. Leck of Boston University deserves a special thanks for creating this calculator. I am sure there are other good sources of information on CSPA.

Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . 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. . ."

Good Luck.

hello everyone. i would like to ask if im still covered in the CSPA. im already 21 years old last october 2008. my category is F2a. my priority date is march 2003. my visa becomes current last feb. 2, 2008. got the notification to submit d230 last march 12, 2009. im really confused if im still covered or not. pls help me.

You may be out of luck. Please check with a good immigration lawyer. In order for CSPA to apply, a beneficiary must attempt to adjust his/her status within a year. You appear to be outside of that period. This is where a good lawyer may be able to help you. USCIS is a big bureaucracy and probably has several hundreds of thousands of applications, so it is up to the petitioner and beneficiary to notify USCIS when a beneficiary is about to turn 21 years old. USCIS will not contact anyone about aging out.

If CSPA does not apply, you will be moved to the F2b category, LPR petitioning for a unmarried child 21 or older. As a Filipina, you would have to wait another 5 years. If your petitioning parent becomes a US citizen, you will remain in the F2b category unless your parent notifies USCIS that they are a citizen. That's not a good idea because it takes longer for a US citizen to petition for a unmarried child from the Philippines than a LPR (a quirk of the system).

You need a good lawyer to help with your case and to give you all your options.

my grandmother consult a lawyer but my dad is against it. instead of having a lawyer he prefer to hold on the NVC. what happen next? im so clueless about this. another question: i did put my grandmother as agent will that affect the delay? should the agent be the petitioner? because my dad scolded me bout putting my grandma as agent. tia

Your father is going to cost you five years. It's not his life that he is risking, it's yours. Is it worth it to come to the US five years earlier if you have to pay a lawyer $1000? $2000? $3000? Hell yes. Why sit around and hope for the best. Get a damn lawyer who knows what to do to help you. Now is not the time to be cheap. The NVC may apply the rule incorrectly. Who will argue for you if not a lawyer? Does your father fully understand the immigration laws? I presume he does not.

The agent can by anyone.

Edited April 28, 2009 by aaron2020

[sheilsys 0]

you are covered

Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.

Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:

1. The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
2. A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
3. Another good source of information on CSPA: http://www.tancincolaw.com/tancinco_subidx...co2004626105042
4. CSPA Age Calculator: CSPA_Age_Caculator.zip

I found the age calculator a very helpful tool. James E. Leck of Boston University deserves a special thanks for creating this calculator. I am sure there are other good sources of information on CSPA.

Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . 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. . ."

Good Luck.

hello everyone. i would like to ask if im still covered in the CSPA. im already 21 years old last october 2008. my category is F2a. my priority date is march 2003. my visa becomes current last feb. 2, 2008. got the notification to submit d230 last march 12, 2009. im really confused if im still covered or not. pls help me.

You may be out of luck. Please check with a good immigration lawyer. In order for CSPA to apply, a beneficiary must attempt to adjust his/her status within a year. You appear to be outside of that period. This is where a good lawyer may be able to help you. USCIS is a big bureaucracy and probably has several hundreds of thousands of applications, so it is up to the petitioner and beneficiary to notify USCIS when a beneficiary is about to turn 21 years old. USCIS will not contact anyone about aging out.

If CSPA does not apply, you will be moved to the F2b category, LPR petitioning for a unmarried child 21 or older. As a Filipina, you would have to wait another 5 years. If your petitioning parent becomes a US citizen, you will remain in the F2b category unless your parent notifies USCIS that they are a citizen. That's not a good idea because it takes longer for a US citizen to petition for a unmarried child from the Philippines than a LPR (a quirk of the system).

You need a good lawyer to help with your case and to give you all your options.

my grandmother consult a lawyer but my dad is against it. instead of having a lawyer he prefer to hold on the NVC. what happen next? im so clueless about this. another question: i did put my grandmother as agent will that affect the delay? should the agent be the petitioner? because my dad scolded me bout putting my grandma as agent. tia

[carmichel 0]

I received my visa.a big thanks to the CSPA.

So how long did it take before they gave you the visa?

I went to the embassy last month to check if I qualified for CSPA, and I was thank God. They had me accomplish all the requirements for immigrant visa application (NBI clearance, CENOMAR, affidavits of support, evidence of relationship to my mom, the beneficiary of the petition, medical exam). I submitted them all the day before.

Were you interviewed first before you had the requirements, or was it the other way around? How were you informed that your visa was approved?

Thanks!

[aaron2020 11,651]

Found this on the internet. Useful primer for CSPA.

http://www.aila.org/Content/default.aspx?docid=29048