still eligible for immigrant visa under CSPA???

[betty boop 0]

Hi all, I just want to find out if my younger sister is still eligible for immigrant visa under CSPA. I dont know what date should I use when looking up for the visa bulletin current date. Below is my sister's info:

Date of birth - 07/07/1990

Priority date - 01/12/2011

Approval date - 08/18/2011

visa bulletin date - ???????

I tried to look up for the visa bulletin using the priority date January 2011 (did I use the right date??), and it says that my sister is still eligible. Is this true? My dad who is a permanent resident, is the one who petitioned for my younger sister. Would greatly appreciate your help.

[Hypnos 6,576]

Ages are not frozen under CSPA for relatives of permanent residents, only US citizens.

She has aged out from the F2A category and is now in the F2B preference.

Assuming that she, too, is from the Philippines, she is looking at approximately a 10 year wait (from now) for her priority date to become current, assuming no retrogression.

[NigeriaorBust 4,087]

They are currently working May 2010 so there is abother year before your sister is current, by then she will be almost 23 , the petition took 7 months to approve do you take 7 months for 23 and she is cpsa age of 22 and no longer a child.

[betty boop 0]

Ages are not frozen under CSPA for relatives of permanent residents, only US citizens.

She has aged out from the F2A category and is now in the F2B preference.

Assuming that she, too, is from the Philippines, she is looking at approximately a 10 year wait (from now) for her priority date to become current, assuming no retrogression.

Would this still hold true if my father applies for his citizenship in 2014. If he becomes a US citizen, would my sister be eligible for immigrant visa under CSPA?

[aleful 1,905]

Would this still hold true if my father applies for his citizenship in 2014. If he becomes a US citizen, would my sister be eligible for immigrant visa under CSPA?

no, she had to be under 21 when your father becomes a USC and she is now over 21. so she will either be a child over 21 of a LPR or USC

[Hypnos 6,576]

CSPA is unfortunately off the table since your father did not naturalise before she turned 21 and her adjusted age will be 21 or over by the time he does eventually naturalise.

The case is further complicated by the fact that if your father naturalises then her preference would change from F2B to F1. Ordinarily this would help, as usually F1 is a shorter queue than lower categories; however for applicants from the Philippines this is not the case, and jumping to F1 would add a further ~eight years onto her already 10 year wait.

She can, however, "opt-out" of this conversion at the time that your father becomes a US citizen and preserve her F2B classification. Such a request would need to be made in writing immediately following your father's naturalisation ceremony.

Edited September 3, 2012 by Hypnos

[betty boop 0]

CSPA is unfortunately off the table since your father did not naturalise before she turned 21 and her adjusted age will be 21 or over by the time he does eventually naturalise.

The case is further complicated by the fact that if your father naturalises then her preference would change from F2B to F1. Ordinarily this would help, as usually F1 is a shorter queue than lower categories; however for applicants from the Philippines this is not the cae, and jumping to F1 would add a further ~eight years onto her already 10 year wait.

She can, however, "opt-out" of this conversion at the time that your father becomes a US citizen and preserve her F2B classification. Such a request would need to be made in writing immediately following your father's naturalisation ceremony.

Thank you for the response. I have another question though... I still have another sister who is 10 yo, is it advisable for us to wait until my dad gets his citizenship (in 2 years) before we file for her petition or can we file for her petition now while my dad is still a permanent resident status?

[ceadsearc 516]

Thank you for the response. I have another question though... I still have another sister who is 10 yo, is it advisable for us to wait until my dad gets his citizenship (in 2 years) before we file for her petition or can we file for her petition now while my dad is still a permanent resident status?

File now. The petition can be upgraded when he becomes a citizen but it will get the process going.

[Hypnos 6,576]

Yes, certainly file now if you are able. It will only help you, since the processing time can be subtracted from her biological age (if that ever becomes a factor) and her age will automatically freeze under CSPA on the day your father naturalises.

[keniscute29 0]

HELLLLLLPPPP CSPA-AGING OUT???

To visajourney people, Im so sorry if i posted here. Iam a newbie here, don't know how to post thats why I replied to this topic. Iam very concern and worried about my case . I think its very sensitive. I don't know if Iam still be covered by CSPA.

Here's my info:

-My mother (LPR) filed a petition on me ( I was below 21 years old that time)

-BIRTHDAY: November 29, 1990

-PRIORITY DATE: October 5, 2011

-APPROVAL DATE (by USCIS): June 20, 2013

-I've paid all fees, AOS and IV fees.

-NVC CASE Completed on November 29, 2013 (however I received a checklist instructing me to bring AOS on the interview and that would be less than a week now)

-VISA BULLETIN-case become current I think in July up to September.

Iam very sad because its like we're wasting time and effort here. So please give me some advice on what to do and please help me understand if iam still eligible for CSPA. All help is highly appreciated...

[NigeriaorBust 4,087]

You get to take the days from priority date to approval date from your age so your physical age is 23 cspa = that minus 1 year 8 months so your cpsa are is 21 years and a few months , ( this is 3 am math so double check )