F4 CSPA confusion!

[arit923 0]

Hello all,

I've been reading up on CSPA and I've come across many articles. Most recently, the changes that were made in 2014 have left me quite confused. My aunt (US citizen) petitioned for my father and my family under F4. This was done when I was 14, fast forward to today I am 23 (over the age to be considered a 'child'). Hopefully, if all goes well we will be accepted in the next 3 or so years, by then I will be 26.

So could anyone please kindly clarify:

Will I be eligible for CSPA and be able to immigrate with my family?

If not, will my father (LPR) have to petition me for F2B? What are the waiting times for this queue?

I understand that there is some sort of calculation that must be done to 'freeze age' but does this still apply to F4 petitions after the 2014 reform because I am under the impression that those changes have now excluded F4 and only apply to F2A, I believe?

Any information will be greatly appreciated. Thanks for taking the time out to read this

[Hypnos 6,576]

CSPA can only help you in this case if your I-130 was pending for years, since that time can be deducted from your biological age to give your "CSPA age".

Most likely though you will age-out on that application and will need to be petitioned by one of your parents after they become an LPR under F2B. The wait time is approximately 7 years after filing for your new priority date to become current.

Edited January 27, 2016 by Hypnos

[arit923 0]

CSPA can only help you in this case if your I-130 was pending for years, since that time can be deducted from your biological age to give your "CSPA age".

Most likely though you will age-out on that application and will need to be petitioned by one of your parents after they become an LPR under F2B. The wait time is approximately 7 years after filing for your new priority date to become current.

From my understanding, an I-130 is what is filed prior to categorization of the visa (in this case F4), correct?

I'm not sure if there were any delays in the characterization, as far as I can remember the only 'waiting' that I have done is for the priority date to become current.

Here is more info if it helps:

Priority date: 5th Sept 2006

Foreign State: India

Cut off date as of Feb 2016: 06/08/2003

My priority date will become current approx. July 2019

My DOB: 5/5/1992

I'm trying to keep positive but it isn't looking too good for me, is it?

[aleful 1,905]

hi

nope, the father you are from 21, the less chance you have, with all the calculations, your age would have to be under 21 to come with your parents

most likely, they will come and file for you

[Hypnos 6,576]

For non-immediate relatives, CSPA helps by allowing you to deduct the time the I-130 petition was pending with USCIS (after being accepted but before being approved) from your biological age.

To know definitively whether it helps you, you need to know four things: (i) the date the I-130 was filed, (ii) the date the I-130 was approved, (iii) your birth date, (iv) the date of visa availability.

If your priority date won't become current until ~July 2019 then you would have needed the I-130 to be pending for around 8 years, and there is basically no chance of that.

Edited January 28, 2016 by Hypnos

[aaron2020 11,651]

Hi,

In 2014, the US Supreme Court confirmed the US Government's interpretation of CSPA. There was no reform. There was no change.

You need to know when the I-130 was approved. Based on your dates, you will be 27 years old in 2019 when you anticipate the PD will be current. This means the I-130 must have taken longer than 6 years to reduce your CSPA age to under 21. If it took less than 6 years to approve the I-130, then you age will age out and CSPA can not help you. This is a rough estimate.

Find out the I-130 approval date, and I will tell you when the PD has to become current in order for you not to age out.