How to apply for CSPA?

[Persia_4all 0]

Hi

My uncle who is a US citizen applied for his brother (my father)for green card (form I-130) few months ago and he submitted the I-130 form along with my father's marriage certificate , my father and my mother and my brother's (who is 20 years old) birth certificates.

(I and my other brother are already over 21).

I have read about the CHILD STATUS PROTECTION ACT (CSPA) on USCIS site and everywhere else it's discussions about out-aged and people who have been denied and what to do advices, but what I haven't been able to find is how to apply for such a thing beforehand or what form my uncle needs to file so years later when wait is over we know that my brother age has been freezed before he passes 21?

Thanks a lot for your time

[t and k 5]

Hi

My uncle who is a US citizen applied for his brother (my father)for green card (form I-130) few months ago and he submitted the I-130 form along with my father's marriage certificate , my father and my mother and my brother's (who is 20 years old) birth certificates.

(I and my other brother are already over 21).

I have read about the CHILD STATUS PROTECTION ACT (CSPA) on USCIS site and everywhere else it's discussions about out-aged and people who have been denied and what to do advices, but what I haven't been able to find is how to apply for such a thing beforehand or what form my uncle needs to file so years later when wait is over we know that my brother age has been freezed before he passes 21?

Thanks a lot for your time

f4 brother category for brother and sister of the us citizen .. the most basic thing to understand is that this is not the first preference category .. so there are limited no of immigrant visas in this category .. from your date of noa1 till the date of your approval notice during this time if your brother turns twenty one (the time which your brother have waited for approval notice will be subtracted from his age when the visa for your case will be available )right now you cannot do anything .. . you have to wait till nvc contacts you that visa is available for your case ..

[Jojo92122 1,924]

Hi

My uncle who is a US citizen applied for his brother (my father)for green card (form I-130) few months ago and he submitted the I-130 form along with my father's marriage certificate , my father and my mother and my brother's (who is 20 years old) birth certificates.

(I and my other brother are already over 21).

I have read about the CHILD STATUS PROTECTION ACT (CSPA) on USCIS site and everywhere else it's discussions about out-aged and people who have been denied and what to do advices, but what I haven't been able to find is how to apply for such a thing beforehand or what form my uncle needs to file so years later when wait is over we know that my brother age has been freezed before he passes 21?

Thanks a lot for your time

It takes 11 years for a US citizen to petition for a brother.

CSPA does not work the way you think. CSPA does not freeze a person's age. It is applied when your father's Priority Date becomes current. That will happen in 11 years. Since there is no way to know when your father's PD will be current, there is nothing you can do.

Your 20 years old brother will probably age out. There is nothing you can do to help him. The best that can be done is for one of his parents to petition for him if he remains unmarried. That will occur some 8 years after your parents immigrate to the US. So that's about 19 years.

[JimVaPhuong 4,863]

CSPA isn't something you apply for. It kicks in automatically when a derivative beneficiary might age out while waiting for USCIS processing. The way it works is that they calculate the derivative beneficiary's effective age on the date a visa number becomes available. If that effective age is under 21 then the alien retains derivative status, and is eligible for the immigration benefit.

To determine the effective age on the day the visa number becomes available they will start with their actual age on that date, and then deduct any time spent waiting for USCIS to approve the petition. What they will NOT deduct is any time spent waiting for the priority date to become current. Since there is currently about an 11 year wait for the F4 visa category, your brother is definitely going to age out. There is nothing you can do to prevent it.

[Nasimusa123 1]

Hi need you help we are in administrative process from 3.8 years and today I am 21 so I say refused on my ceac status how should I apply for cspa my visa category is F4 my uncle applied for my dad

[aaron2020 11,651]

Hi need you help we are in administrative process from 3.8 years and today I am 21 so I say refused on my ceac status how should I apply for cspa my visa category is F4 my uncle applied for my dad

Hi,

Hijacking a 2011 thread is a bad way to get answers to your question. Start your own thread next time.

CSPA is not a separate thing that will get you around AP.

You already applied for a visa, so CSPA already applies to you. You will not age out. You still have to wait for AP to be done.

Don't know about your "refused" under CEAC. That seems strange with an ongoing AP.

Best of luck.

[Nasimusa123 1]

Hi,

Hijacking a 2011 thread is a bad way to get answers to your question. Start your own thread next time.

CSPA is not a separate thing that will get you around AP.

You already applied for a visa, so CSPA already applies to you. You will not age out. You still have to wait for AP to be done.

Don't know about your "refused" under CEAC. That seems strange with an ongoing AP.

Best of luck.

Hi

Now What Should i Do ? What To Do Next

[aaron2020 11,651]

Hi

Now What Should i Do ? What To Do Next

For CSPA, there is nothing for you to do. You wait for AP to be done.

[ronak18 0]

On 4/6/2011 at 1:52 AM, Persia_4all said:

Hi

My uncle who is a US citizen applied for his brother (my father)for green card (form I-130) few months ago and he submitted the I-130 form along with my father's marriage certificate , my father and my mother and my brother's (who is 20 years old) birth certificates.

(I and my other brother are already over 21).

I have read about the CHILD STATUS PROTECTION ACT (CSPA) on USCIS site and everywhere else it's discussions about out-aged and people who have been denied and what to do advices, but what I haven't been able to find is how to apply for such a thing beforehand or what form my uncle needs to file so years later when wait is over we know that my brother age has been freezed before he passes 21?

Thanks a lot for your time

What is the procedure to apply for CSPA ? And in which time we have to apply?

[ronak18 0]

Hi every one, i have f4 based immigration file for USA and i am from india. My mom and dad are eligible in this file and me and my elder brother are out of file due to over age. Our priority date is 12/2003 and approval date is 09/2009 so the time taken for file approval is 6 years and 14 days. Now i am 26 year old and my birthdate is 18/01/1990 so as per CSPA age may i eligible for immediate with my family or not? And what is the procedure or which form i have to fill for CSPA?

 

Thanks

Ronak Patel