Cspa seek to acquire question

[Inotme 0]

I'm a derivative of an f4 petition. Priority date is Feb.19, 1991. Approval date is April 1991. I was born in the Philippines on may 9, 1992. October of 2010 when I'm only 18yrs old, we were able to process our documents with a help of an immigration attorney, but failed to pay for the visa fees in time before retrogression happened. August of 2014 our priority date became current again and our attorney told me that I can't proceed with the petition since I'm already 22 years old. That same year I read a USCIS memo stating that a child could be eligible if they were able to "seek to acquire". Now my only question is, am I still eligible to proceed with my case? By the way my parents flew to USA just last month July 2015 without me. Please can someone enlighten me with "seek to acquire" thing. I would appreciate any answer you may have. Thank you!

[nilx25 18]

I'm a derivative of an f4 petition. Priority date is Feb.19, 1991. Approval date is April 1991. I was born in the Philippines on may 9, 1992. October of 2010 when I'm only 18yrs old, we were able to process our documents with a help of an immigration attorney, but failed to pay for the visa fees in time before retrogression happened. August of 2014 our priority date became current again and our attorney told me that I can't proceed with the petition since I'm already 22 years old. That same year I read a USCIS memo stating that a child could be eligible if they were able to "seek to acquire". Now my only question is, am I still eligible to proceed with my case? By the way my parents flew to USA just last month July 2015 without me. Please can someone enlighten me with "seek to acquire" thing. I would appreciate any answer you may have. Thank you!

So your parents already got their visa and you did not get it. Looks like you aged out. It took uscis only 2 months to approve petition, so you only had 2 months extra. Either way, retrogress or not, you would have age out.

[Inotme 0]

So your parents already got their visa and you did not get it. Looks like you aged out. It took uscis only 2 months to approve petition, so you only had 2 months extra. Either way, retrogress or not, you would have age out.

[Inotme 0]

So your parents already got their visa and you did not get it. Looks like you aged out. It took uscis only 2 months to approve petition, so you only had 2 months extra. Either way, retrogress or not, you would have age out.

Yes, reason being is the attorney wasn't able to pay for my visa fees to try if I'm eligible or not. But anyway thanks for your reply. Appreciate it

[nilx25 18]

Yes, reason being is the attorney wasn't able to pay for my visa fees to try if I'm eligible or not. But anyway thanks for your reply. Appreciate it

NVC would not let attorney pay fees if you aged out. No fault of attorney if they dont invoice fees.

[Inotme 0]

Oh I see. Even though I have an invoice number from the first time it became current?

[alefonck 16]

Oh I see. Even though I have an invoice number from the first time it became current?

Invoice number that you get from NVC in order to log in to CEAC is a different thing than the actual fee invoice that you need in order to pay.

[Inotme 0]

Invoice number that you get from NVC in order to log in to CEAC is a different thing than the actual fee invoice that you need in order to pay.

Yes you're right. We got an invoice for visa payment before retrogression happens. Will that qualify as Sought to acquire for late filing? Thanks for your response. Appreciate it.

[alefonck 16]

Yes you're right. We got an invoice for visa payment before retrogression happens. Will that qualify as Sought to acquire for late filing? Thanks for your response. Appreciate it.

To my understanding your age freezes the first time your priority date becomes current, so your age was frozen at age 18. The problem is and what I believe other people are telling you is that your family already finalized the visa process, they already have the visa and are already here in the US. There is no petition to qualify to CSPA to. There is nothing you can do now except get a visa through a separate petition. I do suggest to consult with a lawyer to see if there is still salvation though.

[Inotme 0]

Thanks. So I guess we have to get another attorney since our attorney suggested otherwise. Thanks for your response. Appreciate it.

[choeychoco 20]

Hi I am also an aged out f4 derivative. My mother petition me under f2b now with priority date jan 2014. I would suggest to get a separate petition from your mom. at least you wont be wasting time. I was also hoping for a positive result during the cspa case regarding retention of priority date in the supreme court for aged out derivative but unfortunately they are sending us back to the line and will wait another 10 years. But im still hopeful, obama or the next president might make an immigration overhaul. :-)

[Inotme 0]

Hi I am also an aged out f4 derivative. My mother petition me under f2b now with priority date jan 2014. I would suggest to get a separate petition from your mom. at least you wont be wasting time. I was also hoping for a positive result during the cspa case regarding retention of priority date in the supreme court for aged out derivative but unfortunately they are sending us back to the line and will wait another 10 years. But im still hopeful, obama or the next president might make an immigration overhaul. :-)

I guess that's the only thing we aged out children can do now. I too am hoping for some kind of immigration overhaul. Retention date in particular is what we need.