How to start CSPA process for children who aged out

[Faraz.azeem 1]

Hi,

I need help in how to start the CSPA proceedings. My aunt got her Immigrant Visa Approval letter from the embassy recently. Her spouse and one kid is showing up on the CEAC website. However, two of the kids are not showing up on the CEAC website as they have crossed 21 years of age. I think they still qualify as they are unmarried and 11 years of petition approval time can be subtracted.

 

Should I add their kids to the CEAC website ? Do I have to file another petition using CSPA for the kids who aged out ? Not sure how to start the process.

 

Thanks

 

Case details below

 

DOB of son: 12th May 1989

DOB of daughter: 29th Dec 1993

 

Immigration category: F3

 

Priority date: 21st Jan 2008

Petition Approved: 6th Sept 2019  - (Took 11+ years for the petition to be approved)

 

 

 

Edited October 11, 2019 by Faraz.azeem
Date correction

[Boiler 43,576]

Are you sure about the I 130 approval date? Sounds like some confusion with the priority date?

[SusieQQQ 11,584]

47 minutes ago, Faraz.azeem said:

Hi,

I need help in how to start the CSPA proceedings. My aunt got her Immigrant Visa Approval letter from the embassy recently. Her spouse and one kid is showing up on the CEAC website. However, two of the kids are not showing up on the CEAC website as they have crossed 21 years of age. I think they still qualify as they are unmarried and 11 years of petition approval time can be subtracted.

 

Should I add their kids to the CEAC website ? Do I have to file another petition using CSPA for the kids who aged out ? Not sure how to start the process.

 

Thanks

 

Case details below

 

DOB of son: 12th May 1989

DOB of daughter: 29th Dec 1993

 

Immigration category: F3

 

Priority date: 21st Jan 2008

Petition Approved: 6th Sept 2019  - (Took 11+ years for the petition to be approved)

 

 

 

Is 6 Sept 2019 the date the petitioner received an I797 notice saying “the above petition has been approved”? Or did she get this some years back and 6 Sept is the notice to proceed with document submission ?

 

(fyi I also had Dec 2008 F3 petition, our approval took around a year as I recall.  So I’d find it strange this one only just got approved.)

Edited October 11, 2019 by SusieQQQ

[Faraz.azeem 1]

37 minutes ago, Boiler said:

Are you sure about the I 130 approval date? Sounds like some confusion with the priority date?

I didn't list the I-130 approval date as we never received the USCIS approval letter. However, I can find it out online.

Priority date is the NOA1 from USCIS and its showing up on CEAC website.

 

 

 

11 minutes ago, SusieQQQ said:

Is 6 Sept 2019 the date the petitioner received an I797 notice saying “the above petition has been approved”? Or did she get this some years back and 6 Sept is the notice to proceed with document submission ?

 

(fyi I also had Dec 2008 F3 petition, our approval took around a year as I recall.  So I’d find it strange this one only just got approved.)

No, 6th Sept 2019 is the date written on the CASE CREATION LETTER sent by the Embassy/NVC. This letter was received in the last week of september. I checked the Visa bulletin F3 case of Jan 2008 became current in Sept 2019. So, yes took 11 years+ for petition to be approved and forwarded to NVC/Embassy for processing.

 

How do I get the CSPA started ? Just email the NVC ?

 

[Boiler 43,576]

First you need the I 130 approval date to work out if it is applicable.

[SusieQQQ 11,584]

10 minutes ago, Faraz.azeem said:

I didn't list the I-130 approval date as we never received the USCIS approval letter. However, I can find it out online.

Priority date is the NOA1 from USCIS and its showing up on CEAC website.

 

 

 

No, 6th Sept 2019 is the date written on the CASE CREATION LETTER sent by the Embassy/NVC. This letter was received in the last week of september. I checked the Visa bulletin F3 case of Jan 2008 became current in Sept 2019. So, yes took 11 years+ for petition to be approved and forwarded to NVC/Embassy for processing.

 

How do I get the CSPA started ? Just email the NVC ?

 

You need the approval letter for the i130 to figure out if they are CSPA eligible. The priority date becoming current is not the approval date. 

[Faraz.azeem 1]

I might have made a mistake on the I-130 approval date. I dont have the USCIS case #. So dont know when it was approved.

Let's say if the USCIS case approval took a year or so... But the visa just got available now... Those 10 years of waiting don't count under CSPA ?

Any other suggestion to find the USCIS case # from the NVC case # ?

[SusieQQQ 11,584]

36 minutes ago, Faraz.azeem said:

I might have made a mistake on the I-130 approval date. I dont have the USCIS case #. So dont know when it was approved.

Let's say if the USCIS case approval took a year or so... But the visa just got available now... Those 10 years of waiting don't count under CSPA ?

Any other suggestion to find the USCIS case # from the NVC case # ?

You can’t work it out properly without the approval date. But no, the assumed remaining ten years don’t count. Think about it this way - if the entire “approval” wait was always until the priority date was current, then every under -21 derivative would always be eligible under CSPA.

 

CSPA protects the applicant from delays in uscis processing - so if the backlog for actually processing documents is a year or two or three, that is what is subtracted from actual age so as to not penalize the applicant. But the rest of it is just waiting for the PD to be current - that is not a uscis delay, that is just the system working to keep each category within its annual maximum quota.

 

Hopefully someone here will have an idea about figuring out the approval date, suggest you get the petitioner to call nvc and ask them.

 

Edited October 12, 2019 by SusieQQQ