Ageout

[saran 0]

i was born on 24 jan,1988.

my aunt filed a petition for us immigration (for my parents, me and my brother) under the category of fourth preferance in feb 1998.

We had recieved 'the choice of agent' papers and now recieved the immigrant visa application processing fee bill papers.

how much time will it take till my parents leave for the US(on average)???????

according to the visa bulletin the priority dates that are current in june are upto cutoff date of 22 AUG,1997 for fourth preferance in the family section.

by the time our priority date become current i will be over 21.

1.could i be able to go with my parents to the US????

2.what does the damn Child Status Protection Act (CSPA) say about my case????

3.in case i fail to go with my parents then how long i will have to wait untill i migrate to the US(on average) in case my parents immediatey leave for US????

Please tell me in details about my case.

I m desperate about it.

please explain.

thanks.

[UAL1739 0]

i was born on 24 jan,1988.

my aunt filed a petition for us immigration (for my parents, me and my brother) under the category of fourth preferance in feb 1998.

We had recieved 'the choice of agent' papers and now recieved the immigrant visa application processing fee bill papers.

how much time will it take till my parents leave for the US(on average)???????

according to the visa bulletin the priority dates that are current in june are upto cutoff date of 22 AUG,1997 for fourth preferance in the family section.

by the time our priority date become current i will be over 21.

1.could i be able to go with my parents to the US????

2.what does the damn Child Status Protection Act (CSPA) say about my case????

3.in case i fail to go with my parents then how long i will have to wait untill i migrate to the US(on average) in case my parents immediatey leave for US????

Please tell me in details about my case.

I m desperate about it.

please explain.

thanks.

Hi... this is just what I know , I might be wrong.

1. No , over 21 yrs.

2. I dont know what is CSPA.

3. Maybe 7 yrs or more or it depends to your country.

[UAL1739 0]

i was born on 24 jan,1988.

my aunt filed a petition for us immigration (for my parents, me and my brother) under the category of fourth preferance in feb 1998.

We had recieved 'the choice of agent' papers and now recieved the immigrant visa application processing fee bill papers.

how much time will it take till my parents leave for the US(on average)???????

according to the visa bulletin the priority dates that are current in june are upto cutoff date of 22 AUG,1997 for fourth preferance in the family section.

by the time our priority date become current i will be over 21.

1.could i be able to go with my parents to the US????

2.what does the damn Child Status Protection Act (CSPA) say about my case????

3.in case i fail to go with my parents then how long i will have to wait untill i migrate to the US(on average) in case my parents immediatey leave for US????

Please tell me in details about my case.

I m desperate about it.

please explain.

thanks.

Hi... this is just what I know , I might be wrong.

1. No , over 21 yrs.

2.

CSPA STANDS for Child Status Protection Act. This was enacted on August 6 of 2002. This may be helpful to US Citizens who are petitioning on behalf of their children since this law prevents a USC’s child from "Aging Out."

Under the law, immigration law to be precise, an alien who wants to become a permanent resident based upon his or her status as a "child", it is a prerequisite for the alien to meet the definition of "child" as stated in the Immigration and Nationality Act. A "child" should be an alien who is unmarried and must be under 21 years old.

Under the CSPA, if a US Citizen has filed for an I-130 Petition for Alien Relative on behalf of his or her child or children before they reach 21 years of age, that child or those children will still be considered a "child" for immigration purposes even if the USCIS does not act on the petition before the child turns 21.

Basically, the CSPA amends the Immigration and Nationality Act by changing how an alien is determined to be a child in immigration purposes such as in the filing of petitions. For the purposes of adjustment of status of aliens by the USCIS (US Citizenship & Immigration Services) as well as for the issuance of visas by the Department of State, the CSPA changes who can be considered to be a "child."

3. Maybe 7 yrs or more or it depends to your country.

Edited June 6, 2008 by UAL1739

[jula 0]

i was born on 24 jan,1988.

my aunt filed a petition for us immigration (for my parents, me and my brother) under the category of fourth preferance in feb 1998.

.

.

by the time our priority date become current i will be over 21.

1.could i be able to go with my parents to the US????

2.what does the damn Child Status Protection Act (CSPA) say about my case????

3.in case i fail to go with my parents then how long i will have to wait untill i migrate to the US(on average) in case my parents immediatey leave for US????

When you turn 21 next January, it wan't mean your are 21 for immigration purpose... 21 for imm. purpose is calculated:

age for imm purpose: your age at the time PD becomes current - (minus) number of days I-130 was pending (date of approval - received date).

Meaning, if your aunt's I-130 was approved in Feb 2000, you wan't "age out" until Jan 2010 according to that rule. There is more than that to consider but this is a good start. This is part of CSPA and it helps you. So, why "damn"?

Do you know when I-130 was approved?

Edited June 6, 2008 by jula

[NArocks 13]

If I am not mistaken you can not be included in the petition of your parents, nor can your aunt petition you. You will need to wait until your parents arrive in the US as LPR and file for you which is about 6-7 years more of waiting. as you are not the sister or Brother rather a niece or nephew you will need to wait for your parents to petition you. Someone correct me if I am wrong. From the how to worksheet at USCIS

For example: You file a petition for your sister. You cannot

directly petition for her husband and children. However, they

can apply for immigrant visas with her, when her place in line

is reached.

http://www.uscis.gov/files/article/A1.pdf

For more information on the CSPA see these links

http://www.visajourney.com/forums/index.php?showtopic=110854

http://www.visajourney.com/forums/index.php?showforum=112

[saran 0]

I m still not sure bcoz different people have different opinions..........

[saran 0]

i was born on 24 jan,1988.

my aunt filed a petition for us immigration (for my parents, me and my brother) under the category of fourth preferance in feb 1998.

We had recieved 'the choice of agent' papers and now recieved the immigrant visa application processing fee bill papers.

how much time will it take till my parents leave for the US(on average)???????

according to the visa bulletin the priority dates that are current in june are upto cutoff date of 22 AUG,1997 for fourth preferance in the family section.

by the time our priority date become current i will be over 21.

1.could i be able to go with my parents to the US????

2.what does the damn Child Status Protection Act (CSPA) say about my case????

3.in case i fail to go with my parents then how long i will have to wait untill i migrate to the US(on average) in case my parents immediatey leave for US????

Please tell me in details about my case.

I m desperate about it.

please explain.

thanks.

please answer only if u r sure about the answer..

[saran 0]

i was born on 24 jan,1988.

my aunt(who is a citizen of the US) filed a petition for us immigration (for my parents, me and my brother) under the category of fourth preferance in feb 1998.

We had recieved 'the choice of agent' papers and now recieved the immigrant visa application processing fee bill papers.

how much time will it take till my parents leave for the US(on average)???????

according to the visa bulletin the priority dates that are current in june are upto cutoff date of 22 AUG,1997 for fourth preferance in the family section.

by the time our priority date become current i will be over 21.

1.could i be able to go with my parents to the US????

2.what does the damn Child Status Protection Act (CSPA) say about my case????

3.in case i fail to go with my parents then how long i will have to wait untill i migrate to the US(on average) in case my parents immediatey leave for US????

Please tell me in details about my case.

I m desperate about it.

please explain.

thanks.

1.somebody even said that i cant go with my parents becoz my aunt cant file a petition for her nephews and nieces and that only my parents can file a petition when they go to the US.

can CSPA give me some kind of benefit????

if yes then what kind of that benefit would be?????

2.some say that bocoz i will turn 21 soon i wil not b able to go with my parents.

3.some say that When you turn 21 next January, it wan't mean your are 21 for immigration purpose... 21 for imm. purpose is calculated:

age for imm purpose: your age at the time PD becomes current - (minus) number of days I-130 was pending (date of approval - received date).

Meaning, if your aunt's I-130 was approved in Feb 2000, you wan't "age out" until Jan 2010 according to that rule. There is more than that to consider but this is a good start. This is part of CSPA and it helps you. So, why "damn"?

I m still not sure which would apply to me!!!!!!!!!!!!

please help me....

i will provide more information on request.

[saran 0]

i was born on 24 jan,1988.

my aunt(who is a citizen of the US) filed a petition for us immigration (for my parents, me and my brother) under the category of fourth preferance in feb 1998.

We had recieved 'the choice of agent' papers and now recieved the immigrant visa application processing fee bill papers.

how much time will it take till my parents leave for the US(on average)???????

according to the visa bulletin the priority dates that are current in june are upto cutoff date of 22 AUG,1997 for fourth preferance in the family section.

by the time our priority date become current i will be over 21.

1.could i be able to go with my parents to the US????

2.what does the damn Child Status Protection Act (CSPA) say about my case????

3.in case i fail to go with my parents then how long i will have to wait untill i migrate to the US(on average) in case my parents immediatey leave for US????

Please tell me in details about my case.

I m desperate about it.

please explain.

thanks.

1.somebody even said that i cant go with my parents becoz my aunt cant file a petition for her nephews and nieces and that only my parents can file a petition when they go to the US.

can CSPA give me some kind of benefit????

if yes then what kind of that benefit would be?????

2.some say that bocoz i will turn 21 soon i wil not b able to go with my parents.

3.some say that When you turn 21 next January, it wan't mean your are 21 for immigration purpose... 21 for imm. purpose is calculated:

age for imm purpose: your age at the time PD becomes current - (minus) number of days I-130 was pending (date of approval - received date).

Meaning, if your aunt's I-130 was approved in Feb 2000, you wan't "age out" until Jan 2010 according to that rule. There is more than that to consider but this is a good start. This is part of CSPA and it helps you. So, why "damn"?

I m still not sure which would apply to me!!!!!!!!!!!!

please help me....

i will provide more information on request.

[LaL 418]

I am sorry I do not know specific answers to your questions - but there are several people on AFU battling through this type of situation. You may want to sign up there as well and speak to others facing the same dilemna.

Much luck to you in getting this sorted out.

(duplicate threads have been merged)

Edited June 6, 2008 by LaL

[saran 0]

i was born on 24 jan,1988.

my aunt(who is a citizen of the US) filed a petition for us immigration (for my parents, me and my brother) under the category of fourth preferance in feb 1998.

We had recieved 'the choice of agent' papers and now recieved the immigrant visa application processing fee bill papers.

how much time will it take till my parents leave for the US(on average)???????

according to the visa bulletin(monthly) the priority dates that are current in june are upto cutoff date of 22 AUG,1997 for fourth preferance in the family section.

making a guess i think by the time our priority date become current i will be over 21.

1.could i be able to go with my parents to the US????

2.what does the damn Child Status Protection Act (CSPA) say about my case????

3.in case i fail to go with my parents then how long i will have to wait untill i migrate to the US(on average) in case my parents immediatey leave for US????

Please tell me in details about my case.

I m desperate about it.

please explain.

thanks.

1.somebody even said that i cant go with my parents becoz my aunt cant file a petition for her nephews and nieces and that only my parents can file a petition when they go to the US.

can CSPA give me some kind of benefit????

if yes then what kind of that benefit would be?????

2.some say that bocoz i will turn 21 soon i wil not b able to go with my parents.

3.some say that When you turn 21 next January, it wan't mean your are 21 for immigration purpose... 21 for imm. purpose is calculated:

age for imm purpose: your age at the time PD becomes current - (minus) number of days I-130 was pending (date of approval - received date).

Meaning, if your aunt's I-130 was approved in Feb 2000, you wan't "age out" until Jan 2010 according to that rule. There is more than that to consider but this is a good start. This is part of CSPA and it helps you. So, why "damn"?

I m still not sure which would apply to me!!!!!!!!!!!!

please help me....

i will provide more information on request.

[LaL 418]

saran - please stop posting duplicate topics.

Thread merged.

[jula 0]

If I am not mistaken you can not be included in the petition of your parents, nor can your aunt petition you. You will need to wait until your parents arrive in the US as LPR and file for you which is about 6-7 years more of waiting. as you are not the sister or Brother rather a niece or nephew you will need to wait for your parents to petition you. Someone correct me if I am wrong. From the how to worksheet at USCIS

For example: You file a petition for your sister. You cannot

directly petition for her husband and children. However, they

can apply for immigrant visas with her, when her place in line

is reached.

It is true that an aunt can't petition nephew, but nephew can be included as DEPENDANT in the petition for his parent (the same way as parent's spouse). The quote says: "they can apply for immigrant visa with her", -> at the same time!

It even says at that link "In most cases, when your relative’s place in line is reached and

he/she applies to immigrate, his or her husband or wife and unmarried children under 21 can apply as dependents."

[jula 0]

1.somebody even said that i cant go with my parents becoz my aunt cant file a petition for her nephews and nieces and that only my parents can file a petition when they go to the US.

can CSPA give me some kind of benefit????

if yes then what kind of that benefit would be?????

2.some say that bocoz i will turn 21 soon i wil not b able to go with my parents.

3.some say that When you turn 21 next January, it wan't mean your are 21 for immigration purpose... 21 for imm. purpose

1. you are included in a petition for your parent as dependant as long as you are unmarried and under 21 for immigration purpose

2. it is not only about the date of your birth

3. find out how long it took for I-130 to be approved, so we will have alittle bit more information to go on

[saran 0]

ok.i want to make a correction.

our case was actually filed on 29 may 1997 not in 1998

so our priority date was current almost 4 months back i guess.

we had sent the choice of agent papers back to them and paid the fee immigration visa application processing fee.

but we have a few problems please answer

1.we are collecting the papers like birth cirtificates,marriage certificates, and other papers the problem is that it is taking somr time mainly due to red tapism.i.e, due to official work.how long our immigration visa application processing free will remain valid.i saw the papers it says that u have to submit papers within one year from paying ur fee bill.but it we will take a bit more time.how can we tell them that please dont let our fee go waist and we are collecting the papers.

2.second problem is that our cousin whose name was not written correctly while pettioning.his name is hissan rabi but on the petition it was written as hissan munir.is there any way to tell them that we had written the wrong name????will they make him wait gor years for this???or it is an easy job??can u please tell me a case like that????and what happened in that case???