CSPA Interviewed but Aged-Out by 16 days

[bali 1]

First of all, thanks all for taking your time viewing this. I'm new here so if my post is out of place, please move it.

Background Story:

My uncle (USC) filed petition for my family back in April 2002. We received the interview package in January and interview appointment date was Feb. 13, 2015. My siblings were cover under the CSPA law, so we file for a CSPA hearing at the consulate. I was the elder sibling that was called in along with my younger brother for CSPA check at the consulate a week before my family's interview appointment date (both unmarried/single). After a long day, the CSO told me that my younger is covered but not me under CSPA and I was over by 16 days.

I am a derivative beneficiary under my mother (principle beneficiary). Now, if I understand the statement below correctly, from the CSPA law regarding an aged-out unmarried child older than 21. There's a way that my parent can still file petition for me when they received their green card?? Does anyone have information on this case? What forms do they use to file if this is true? How long would the process take?

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. . ."

My family was approved for visa and booked flight bound for Seattle end of March and I'm the only child left behind. I'm grateful for my parents and siblings but I feel sad to be left behind alone. If anyone have any kind of information and experienced this case before. Please guide me on how I should approach this situation.

Thanks in advance

Bali

[batman7 108]

Hi bali, its sad that you aged out just by 16 days...

I would like to throw some light on your case. See, its true that your parents can file a petition for you after they receive their greencard. BUT, it will take many years for you to get the immigrant visa. For example, your parents keeps a petition file for you after they receive their greencard, then that petition would come under F2B category, whose current cut-off date is 8 July 2008, so minimum 7-8 years waiting period and till then u need to remain unmarried. If you marry inbetween, then u become ineligible for the visa. Suppose u marry now and your parents (after they become US Citizen) keeps a family petition for u, then it would fall under F3 category, whose current cut-off date is 22 Jan 2004, which means minimum 11 years waiting time after 5 years when your parents become US Citizen, so 16 years of waiting time from now. If you dont marry and your parents (after they become US Citizen) keeps a family petition for u, then it would fall under F1 category, whose current cut-off date is 1 Aug 2007, so minimum 8 years waiting time after ur parents keeps a family petition (after they become US Citizen), so 13 years of waiting time from now and till then u need to be unmarried. I dont want to demoralize you but these were the available options for you and your parents. I hope this would help you out in your future planning. Good Luck buddy

One more thing, can you please share your exact dates of your birthdate, your priority date and your approval date ?? I know the exact calculation for CSPA eligibility and i could help you out. May be if the visa officer calculated incorrectly, then you might appeal for again calculation of your CSPA eligibility. If you want you may text me personally your all dates, birthdate, priority date and approval date.

First of all, thanks all for taking your time viewing this. I'm new here so if my post is out of place, please move it.

Background Story:

My uncle (USC) filed petition for my family back in April 2002. We received the interview package in January and interview appointment date was Feb. 13, 2015. My siblings were cover under the CSPA law, so we file for a CSPA hearing at the consulate. I was the elder sibling that was called in along with my younger brother for CSPA check at the consulate a week before my family's interview appointment date (both unmarried/single). After a long day, the CSO told me that my younger is covered but not me under CSPA and I was over by 16 days.

I am a derivative beneficiary under my mother (principle beneficiary). Now, if I understand the statement below correctly, from the CSPA law regarding an aged-out unmarried child older than 21. There's a way that my parent can still file petition for me when they received their green card?? Does anyone have information on this case? What forms do they use to file if this is true? How long would the process take?

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. . ."

My family was approved for visa and booked flight bound for Seattle end of March and I'm the only child left behind. I'm grateful for my parents and siblings but I feel sad to be left behind alone. If anyone have any kind of information and experienced this case before. Please guide me on how I should approach this situation.

Thanks in advance

Bali

[sirin 9]

First of all, thanks all for taking your time viewing this. I'm new here so if my post is out of place, please move it.

Background Story:

My uncle (USC) filed petition for my family back in April 2002. We received the interview package in January and interview appointment date was Feb. 13, 2015. My siblings were cover under the CSPA law, so we file for a CSPA hearing at the consulate. I was the elder sibling that was called in along with my younger brother for CSPA check at the consulate a week before my family's interview appointment date (both unmarried/single). After a long day, the CSO told me that my younger is covered but not me under CSPA and I was over by 16 days.

I am a derivative beneficiary under my mother (principle beneficiary). Now, if I understand the statement below correctly, from the CSPA law regarding an aged-out unmarried child older than 21. There's a way that my parent can still file petition for me when they received their green card?? Does anyone have information on this case? What forms do they use to file if this is true? How long would the process take?

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. . ."

My family was approved for visa and booked flight bound for Seattle end of March and I'm the only child left behind. I'm grateful for my parents and siblings but I feel sad to be left behind alone. If anyone have any kind of information and experienced this case before. Please guide me on how I should approach this situation.

Thanks in advance

Bali

[sirin 9]

Hi bali, were you advised to try filing a waiver (I-601) with the USCIS on the grounds that you did not exceed the age limit by much (16 days according to the interviewer)?

The cost of filing a waiver with USCIS is $585.

[Blizknight 8]

Even though I am 26 I got approved under CPSAA

[apple21 953]

I've never heard of a waiver for CSPA.

Anyhow, tell your parents to file i130 for you as soon as they land in the US.

Stay single! Good luck!

[Umka36 781]

I've never heard of a waiver for CSPA.

Anyhow, tell your parents to file i130 for you as soon as they land in the US.

Stay single! Good luck!

Unless it's a US citizen?

Edited February 27, 2015 by Umka36

[aaron2020 11,651]

Hi bali, were you advised to try filing a waiver (I-601) with the USCIS on the grounds that you did not exceed the age limit by much (16 days according to the interviewer)?

The cost of filing a waiver with USCIS is $585.

What is the basis for the waiver? Close enough? Where do we draw this arbitrary line? 16 days? Why not 30 days? Or 45 days? Or 150 days?

You are giving the OP false hope and cost him $585.

Please don't give bad advice.

[aaron2020 11,651]

Hi Bali,

The case is over. There is nothing that can be done.

When your parents become LPRs, they can file for unmarried children over age 21. This will be a completely new case and have nothing to do with the case filed for your parent. It will take 7-8 years for you to get a visa. You must stay unmarried as long as the petitioner is an LPR. A case for you would be in the F2b category. You will get a new Priority Date. There is no retention of a parent's PD in your case.

Best of luck.

[bali 1]

Thanks all,

My birthdate: June 17, 1987

Priority Date: April 5, 2002

Approved Date: Nov 3, 2009

When the CSO told me I was aged-out, they did not give/tell me any other ways of appeal.

I've heard so many different answer regarding this situation from some agencies here in HCM city. some said my parent can get LPR then submit my documents and I can retain their approved date....and some even said the waiting time is just 6 month to a year. I wish that's true but seems to be too farfetch. I just wanted to make this clear so that I can plan my life accordingly.

Thanks,

Bali

[sirin 9]

What is the basis for the waiver? Close enough? Where do we draw this arbitrary line? 16 days? Why not 30 days? Or 45 days? Or 150 days?

You are giving the OP false hope and cost him $585.

Please don't give bad advice.

http://www.visajourney.com/forums/topic/524961-waiver-after-immigrant-visa-denial/

[Boiler 43,396]

http://www.visajourney.com/forums/topic/524961-waiver-after-immigrant-visa-denial/

Did you read the replies?

[aaron2020 11,651]

http://www.visajourney.com/forums/topic/524961-waiver-after-immigrant-visa-denial/

What is your point? Do you bother to read what you posted?

You you understand what retrogression means to CSPA? Do you understand the "sought to acquire" clause?

Too proud to admit you are wrong?

Stop trying to screw with people's lives.

You have provided zero help. You are actually creating harm.

There is no waiver.

Edited February 28, 2015 by aaron2020

[sirin 9]

What is your point? Do you bother to read what you posted?

You you understand what retrogression means to CSPA? Do you understand the "sought to acquire" clause?

Too proud to admit you are wrong?

Stop trying to screw with people's lives.

You have provided zero help. You are actually creating harm.

There is no waiver.

SORRY i did not mean to do that, my son is going to aged out too(WORRY) and i am looking for something that can help. i did not give bali an advice i just asked him a question and i found and wondering about the case of Ad_In.

SORRY AGAIN I REALLY DID NOT MEAN THAT, THANK YOU

[aaron2020 11,651]

Thanks all,

My birthdate: June 17, 1987

Priority Date: April 5, 2002

Approved Date: Nov 3, 2009

When the CSO told me I was aged-out, they did not give/tell me any other ways of appeal.

I've heard so many different answer regarding this situation from some agencies here in HCM city. some said my parent can get LPR then submit my documents and I can retain their approved date....and some even said the waiting time is just 6 month to a year. I wish that's true but seems to be too farfetch. I just wanted to make this clear so that I can plan my life accordingly.

Thanks,

Bali

Hi Bali,

Google "CSPA calculator." Based on your dates, your CSPA age is 19 years 10 months. There might be a wrong date some where. Your parents may want to talk to an attorney to find a way to fix this if there was a mistake.

There is no retention of a parent's PD in an F4 case. This was decided by the U.S. Supreme Court last year.

There is no way that it will happen in 6 months. It's 7-8 years.

I'm Vietnamese. Do not believe the hustlers in VN.

Get a good lawyer to review the dates. If CSPA does not offer you relief, it will be 7-8 years during which you must stay unmarried to get a visa.