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Patel kirti

CSPA related queries for f4 category

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8 minutes ago, SusieQQQ said:

How can a visa have been available a couple of weeks after the petition was filed for F4? Something is wrong with your dates. 

 

I think she means priority date

 

date petition was sent was 11/20/2003 and his or her priority date 12/6/2003, so almost 14 years of waiting

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2 hours ago, aleful said:

I think she means priority date

 

date petition was sent was 11/20/2003 and his or her priority date 12/6/2003, so almost 14 years of waiting

That makes more sense. You need the visa availability date to help figure out if there’s CSPA protection so the terminology confusion could lead to more confusion about working it out.

 

i don’t understand the “approval” date of 2010 either but I never had to pursue my FB (3) category beyond 5 years - does that date make sense for anything to have happened? Or does she actually mean 2017 here? I’m assuming Indian chargeability from the username (I could be wrong) and latest visa bulletin has F4 priority date at 10/22/2003 for India, so her case would not be quite current yet.  if general then would have been current a while already.

 

Edited by SusieQQQ

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4 minutes ago, aleful said:

everybody has an approval date, that's just the date that the i130 was approved

 

in this case, the i130 was filed in 2003 and approved in 2010

Ok, thanks. So no real bearing on the case though. The key is the priority date and when a visa is actually available.

 

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1 hour ago, SusieQQQ said:

Ok, thanks. So no real bearing on the case though. The key is the priority date and when a visa is actually available.

 

The approval date has a huge bearing on the case.  It is the time between the filing date (priority date) and the approval date that determines whether there is a CSPA benefit or not.

 

If I understood the post correctly:

  • Case Priority Date:  Dec. 6, 2003. (Although, they could be saying that this is the current priority date, but it doesn't match up with the November Visa Bulletin dates).
  • Case Approval Date:  Jan. 21, 2010

Bottom line, the petition was pending for approximately 6 years and 1.5 months.  When the priority date is current, this is amount of time that can be subtracted from the beneficiary's age to determine whether they qualify for any benefit under CSPA.  (The exact time will be calculated --just using an approximation here, since unsure about the meaning of the dates in the original post.)  If the priority date is not yet current, it is too late for the older child, who right now is about 27 years 11 months old (about 21 years 9.5 monthe old under CSPA).  The younger may be OK.

Edited by jan22

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