Aging out, but is covered by CSPA

[mead37 0]

My mother was petitioned by her US Citizen sister in 1990. Because of the long wait, my brother and I both aged out. However, we know that we are covered by CSPA and we will retain her priority date. I'm just wondering, once my mother becomes an LPR and she files for us, how long is the wait until we get our immigrant visas? Will it be months, or years?

Anyone there who had the same situation?

[apple21 953]

No, you will not retain your mother's Priority Date because you already aged out as her derivatives.

Your mom will have to file i-130 for you and your brother and you will be given new priority dates based on when USCIS received the i-130 forms.

You will be under the F2B category. Waiting time is 10-11 YEARS and you have to remain unmarried during the entire process.

[Ryan H 3,902]

Will it be months, or years?

Years

[Mellow 8]

My mother was petitioned by her US Citizen sister in 1990. Because of the long wait, my brother and I both aged out. However, we know that we are covered by CSPA and we will retain her priority date. I'm just wondering, once my mother becomes an LPR and she files for us, how long is the wait until we get our immigrant visas? Will it be months, or years?

Anyone there who had the same situation?

What exactly is your PD and when was the petition approved ? If you are covered by CSPA then you are included in your mother's petition.

[mead37 0]

Thank you all for your replies.

I just learned that we are not covered by CSPA, I thought we were but I misunderstood the terms. However, my parents consulted with a lawyer and will make a case for my brother and I to retain my mother's priority date when she petitions us in F2B category. How long usually does it take from the time my mother files I-130 till it gets approved? Current processing times is in Oct. 2010, can anyone estimate when will the petition be approved?

[Mellow 8]

Thank you all for your replies.

I just learned that we are not covered by CSPA, I thought we were but I misunderstood the terms. However, my parents consulted with a lawyer and will make a case for my brother and I to retain my mother's priority date when she petitions us in F2B category. How long usually does it take from the time my mother files I-130 till it gets approved? Current processing times is in Oct. 2010, can anyone estimate when will the petition be approved?

I don't think you can retain your mother's priority date. When she files I-130 for you you'll get a new priority date. If processing time i Oct 2010 then it will take approx 3 years for approval.

[apple21 953]

Funny thing what that lawyer said. I won't waste my money on him.

You won't retain your mom's PD. You will get a new PD once your mom files i-130 for you and your sister. 10-11 YEARS is the total time you'll wait under the F2B category.

Source: http://travel.state.gov/visa/bulletin/bulletin_1360.html

Edited August 1, 2013 by apple21

[Mellow 8]

Thank you all for your replies.

I just learned that we are not covered by CSPA, I thought we were but I misunderstood the terms. However, my parents consulted with a lawyer and will make a case for my brother and I to retain my mother's priority date when she petitions us in F2B category. How long usually does it take from the time my mother files I-130 till it gets approved? Current processing times is in Oct. 2010, can anyone estimate when will the petition be approved?

I think your lawyer was talking about the CSPA lawsuit still on appeal. Here: http://shusterman.com/supreme-court-agrees-to-review-cspa-victory-in-the-court-of-appeals.html

Supreme Court Agrees to Review CSPA Victory in the Court of Appeals

There is no final ruling yet but if petitioners win then there is hope for you and your brother to retain your mother's priority date. Good luck.

[mead37 0]

How about the fifth circuit ruling?

[mead37 0]

This is a quote from the other thread "Child aging out? CSPA may help" by Sanjiv Patel

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/a...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. . ."

So I thought that we can retain my mother's priority date. After much reading over the net, some lawyers say that this is accepted by the USCIS, but some also say that it's only binding on some states.

[Mellow 8]

This is a quote from the other thread "Child aging out? CSPA may help" by Sanjiv Patel

So I thought that we can retain my mother's priority date. After much reading over the net, some lawyers say that this is accepted by the USCIS, but some also say that it's only binding on some states.

You read a very old article published in June 2006.

If you read the link I gave you it says "On June 24, 2013, the Supreme Court of the United States granted the Department of Justice’s Petition for a Writ of Certiori, agreeing to review the decision of the U.S. Court of Appeals for the 9th Circuit in the CSPA case of DeOsorio v. Mayorkas. ". This case is still under review. If the new CIR bill becomes law then this CSPA provision also becomes law.

[keniscute29 0]

HELLLLLPPPPPP 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...

[hnqp 0]

Please help me wit my case.

I'm from the Philippines, petitioned by my mother LPR. Petition was filed in 2012. My priority date is May 30, 2012. All fees were already paid. I have submitted all required documents (DS 260, affidavit of support, police clearance, passport, etc). Last March 31, 2014 NVC emailed me and informed me that they have finished reviewing my case and that I should wait when an interview is available for me. I have some missing items (mother's proof of employment) but according to the letter, I should bring it to the interview and the Consular Officer will be the one to review it.

April 30, 2014 -- I did not receive interview letter after a month. I requested my case to be expedited since I am turning 21 years old on July 11, 1993 (2 months from now). It was denied for reasons I dont know.

The current visa bulletin for f2a is Sept 13, 2013. Hence, my case is current.

However, next month (June 2014), it will be May 01, 2012.

Can I be covered by CSPA? Please help.