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Sanjiv Patel

Child Aging Out? CSPA may help

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Filed: Citizen (pnd) Country: Colombia
Timeline

This should be pinned here also as it affects both LPR's and USC

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.

Edited by narocks

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: Citizen (pnd) Country: Colombia
Timeline

That is WONDERFUL News. :dance::dance:


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: Citizen (pnd) Country: Colombia
Timeline

USCIS Issued a new statement and fact sheet see link

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Hoe this helps someone.


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: Country: Philippines
Timeline

I am a child of a USC and I'm over 22 before I was interviewed. the consular officer told me that they have to verify first if I'm not married. from what I understand from that is that my eligibility for an immigrant visa depends on my marital status. it says in the CSPA that age will be determined at the filing of petition (i was 18 that time) and also the beneficiary should be unmarried.

follow up question: do you know how long this process will take? I'm on my 3rd week of waiting.


destiny belongs to those who believe in their dreams and have the courage to really pursue it!

dont stop when you're tired, stop when you are done!

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Filed: Citizen (pnd) Country: Colombia
Timeline

I have a question, when the petition was submitted for you was the petitioner already a citizen? My husband in a PR now and will be a citizen in 2 years we apoplied for his son when the son was 18 however as a child of a PR. Can I get a little more details.

Thanks


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: Other Country: Philippines
Timeline

Hey guys, I'm goin to the US embassy tomorrow to have them compute my age hoping that i'm still eligible for CSPA law. Are there any requirements that I should bring i.e. birth certificate, passport etc...? I wanna be prepared when they interview me. Thanks! :)

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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 law say about my case?

Thank you, your comments will be appreciated.

Edited by David Singson

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Hey guys, I'm goin to the US embassy tomorrow to have them compute my age hoping that i'm still eligible for CSPA law. Are there any requirements that I should bring i.e. birth certificate, passport etc...? I wanna be prepared when they interview me. Thanks! :)

Did you qualify?

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Filed: Timeline

Well, I haven't heard about the CSPA until today while browsing over the internet. I am a 23 year old and my father is a USC. He petitioned for me on August 29, 2005. On November 28, 2008, he was sent a notice that our petition was approved. I was 20 and 8 months when my father filed for the petition (and the case was received by USCIS).

I am on the process of complying certain paperworks...but I am a bit worried because under the CSPA law I have already aged out because on the computation table that the law provides. Terrible. Or is there still hope?

J

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Filed: Country: Vietnam (no flag)
Timeline

Jantigercat. CSPA does not apply to you. It's applies to derivative beneficiaries. You are not a derivative beneficiary.

Your age and marital status determines which family based category you will be in when a visa becomes available. Visa availabilities in these categories are divided into those for Mexico, India, Philippines, and the rest of the world. The dates below are for the rest of the world.

F1 category (unmarried child of USC - at least 21 years old) - currently processing visas for I-130s filed before June 15, 2002.

F3 category (married child of USC) - currently processing visas for I-130s filed before August 1, 2000.

The bottom line is that the I-130 filed by your USC father is still good for you. Currently, you are in the F1 category. If you are unmarried in 3-4 years, you will get a visa. If you get married before immigrating to the US, you will be moved to the F3 category and have to wait an additional 2 years. F1 category does not allow for derivative beneficiaries, no one else can immigrate with you. In the F3 category, your wife and any children you may have would be allowed to immigrate with you.

Hope this helped.

Edited by aaron2020

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Filed: Country: Philippines
Timeline
aaron2020,

Thanks for the clarification. :-) ...so the filing for the NVC does not guarantee a visa yet because I have to wait in another queue.

But at least I know my classification now.

J

is your father already a USC when he petitioned you? the date of his naturalization will determined your age under CSPA. I am on IR2 petition. it was filed by my USC father when I was 18yo but due to immigration delays, I was just interviewed last september. and I am 22yo & 3 months to be exact. I now have my visa w/ me. I must also leave before my medical exam expires. I was also worried that I will be ineligible for visa. but as long as (if under IR2) you're unmarried then nothing to worry about.


destiny belongs to those who believe in their dreams and have the courage to really pursue it!

dont stop when you're tired, stop when you are done!

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