Us F4 visa awaited

[Ajay Bhatti 0]

Hi All,

 

Here are my details for the F4 visa filed by my maternal uncle.

Petition Filed: 29th April 2004

Case Approved : 16th October 2009

Priority Date : 9th September 2005.

My DOB : 14th September 1993

 

The current Visa bulletin had date as 15th April 2005(Priority date available). I want to know if i will issued a visa provided the i get a welcome letter in next 4-5 months.

 

Thanks in advance

[arken 4,197]

Visa issuance is never guaranteed, but i believe you are talking about eligibility regarding aging out.

it seems so marginal. You age out if it becomes current past mid September.

[SusieQQQ 11,586]

I presume you are Indian by the date you mention. Your priority date of 29 April 2004 is current in June which means a visa number is available (you should be looking at table 1 for this), but as June has a current date of August 2004 I assume your date has been current a few months already? You need to “seek to acquire” within one year of the priority date becoming available for protection under CSPA. The usual way to “seek to acquire” is to file a DS260.

[Ajay Bhatti 0]

Thanks for the reply Arken. What if the visa gets available before september and i am not offered the visa, is there a way i can challenge it?

[Ajay Bhatti 0]

3 minutes ago, SusieQQQ said:

I presume you are Indian by the date you mention. Your priority date of 29 April 2004 is current in June which means a visa number is available (you should be looking at table 1 for this), but as June has a current date of August 2004 I assume your date has been current a few months already? You need to “seek to acquire” within one year of the priority date becoming available for protection under CSPA. The usual way to “seek to acquire” is to file a DS260.

Hi SusieQQQ,

Thanks for the reply. 29th april is not the priority date, its date of filling the petition. Priority date is 9th september 2005

[Boiler 45,647]

I always wonder how this works, so your parents will be moving, I assume well into their 50's?, they expect to obtain work etc. Must be tricky at that age.

[arken 4,197]

20 minutes ago, Ajay Bhatti said:

Thanks for the reply Arken. What if the visa gets available before september and i am not offered the visa, is there a way i can challenge it?

Not exactly challenge but let NVC know about it once NVC emails the welcome letter.

[SusieQQQ 11,586]

25 minutes ago, Ajay Bhatti said:

Hi SusieQQQ,

Thanks for the reply. 29th april is not the priority date, its date of filling the petition. Priority date is 9th september 2005

Oh... I missed that, how odd, usually there is hardly any difference between filing date and priority date on the petitions I have seen. Sorry for the original miscalculation. Well in this case, assuming the PD is correct, unfortunately you are already aged out. Your CSPA age is already 21 years 7 months. Your priority date is likely a year away from being current - if you are not currently in the US it is table 1 you need to look at for visa available date, not table 2. Again assuming you are from India, you did not confirm that.

 

(You can see this on CSPA calculator or roughly where actual age is around 26 and benefit from CSPA approval date -PD date is around 4 years.)

Edited May 30, 2019 by SusieQQQ

[WeGuyGal 1,052]

58 minutes ago, SusieQQQ said:

Again assuming you are from India, you did not confirm that.

 

Yes, odds are.

[SusieQQQ 11,586]

8 minutes ago, WeGuyGal said:

Yes, odds are.

I based it on the PD he mentioned. 

[Ajay Bhatti 0]

15 hours ago, SusieQQQ said:

Oh... I missed that, how odd, usually there is hardly any difference between filing date and priority date on the petitions I have seen. Sorry for the original miscalculation. Well in this case, assuming the PD is correct, unfortunately you are already aged out. Your CSPA age is already 21 years 7 months. Your priority date is likely a year away from being current - if you are not currently in the US it is table 1 you need to look at for visa available date, not table 2. Again assuming you are from India, you did not confirm that.

 

(You can see this on CSPA calculator or roughly where actual age is around 26 and benefit from CSPA approval date -PD date is around 4 years.)

Yes i am from India.. I thought the CSPA is calculated as Approval date- Date of visa filling.

[SusieQQQ 11,586]

29 minutes ago, Ajay Bhatti said:

Yes i am from India.. I thought the CSPA is calculated as Approval date- Date of visa filling.

Yeah I still don’t understand why you have such a big difference between filing date and priority date. The CSPA calculators ask for priority date. Uscis does say filing date. Like I said originally, for most people, certainly in family based cases, these are the same or maybe a couple days difference. 

 

So let’s do it on filing date then. Your CSPA age is 20 years 3 months if that is used.

Your priority date is 9 September 2005 and the June visa bulletin has a current priority date of 15 August 2004. You basically need the VB to move through a year in less than 9 months to remain protected. It may or may not do this. There are times it moves fast, and times it moves slow. Over time as a general rule, it moves slower, which is why the wait times get longer every year.

 

I'm very un-confident in this calculation because of the oddity in your dates. Note that if the priority date is so much later because the original submission was not properly filed, then the original filing  date doesn’t count - they count it from the date the petition is “properly filed”.  I can’t think of another reason for the big time difference but I don’t know enough about the technicalities of that part of the process. Do you know from your uncle if there were any kind of issues with the original filing? 

[Ajay Bhatti 0]

6 hours ago, SusieQQQ said:

Yeah I still don’t understand why you have such a big difference between filing date and priority date. The CSPA calculators ask for priority date. Uscis does say filing date. Like I said originally, for most people, certainly in family based cases, these are the same or maybe a couple days difference. 

 

So let’s do it on filing date then. Your CSPA age is 20 years 3 months if that is used.

Your priority date is 9 September 2005 and the June visa bulletin has a current priority date of 15 August 2004. You basically need the VB to move through a year in less than 9 months to remain protected. It may or may not do this. There are times it moves fast, and times it moves slow. Over time as a general rule, it moves slower, which is why the wait times get longer every year.

 

I'm very un-confident in this calculation because of the oddity in your dates. Note that if the priority date is so much later because the original submission was not properly filed, then the original filing  date doesn’t count - they count it from the date the petition is “properly filed”.  I can’t think of another reason for the big time difference but I don’t know enough about the technicalities of that part of the process. Do you know from your uncle if there were any kind of issues with the original filing? 

But i am not able to understand why this case has taken so much time. i mean it was filed in 2004 and its expected to become available in 2020. why is it taking 16 years? generally it doesn't take that much of time

[WeGuyGal 1,052]

37 minutes ago, Ajay Bhatti said:

But i am not able to understand why this case has taken so much time. i mean it was filed in 2004 and its expected to become available in 2020. why is it taking 16 years? generally it doesn't take that much of time

Immigrant visas for non-Immediate Relatives (such as siblings) have a numerical quota. There are only 65,000 visas available for siblings of US citizens, and that's worldwide. India has a huge backlog of people waiting in your category, and the volume keeps increasing each year. 

 

The US government prioritizes reunification of US persons with their spouses and children and parents over siblings and nieces/nephews. 

[arken 4,197]

46 minutes ago, Ajay Bhatti said:

But i am not able to understand why this case has taken so much time. i mean it was filed in 2004 and its expected to become available in 2020. why is it taking 16 years? generally it doesn't take that much of time

The visa availability may change (usually moves forward and sometimes even go backward) depending upon the number of people petitioning in a given category when only limited number of visas are issued annually. 13-15 years is common i think for F4.

 

The only confusing part is, like the above poster said, why the PD is Nov 2005 and not April 2004? It would already have been current at present. Was it rejected initially?