I am an unmarried son aged 31 of alien relative of US citizen.

[ShahbazRasheed 0]

Hello dear members, Hope you are doing well.

My uncle filed a petition type I-130 for his sister (my mother) on

July 23, 2007 and received a form I-797 (Notice of Action) with

receipt date: July 30, 2007 ,

Priority date: 23 July 2007 and

Notice date: November 27, 2009.

It stated that the above petition has been approved.

The priority date became Current in March 2020 Visa Bulletin.

My Date of Birth is 27/02/1989.

I am unmarried.

Please help me get my CSPA age the most appropriate way.

My age at the time of petition was:

18 Years 4 Months 26 Days.

My age at the time my uncle received Notice of action was:

20 Years 9 Months 0 Days.

My age on the first day of Visa Bulletin March 2020 when the priority date became current was:

31 Years 0 Months 03 Days.

 

My name is not there in the applicant information on CEAC Website.

My Mother, My Father and My Younger Sister are mentioned there.

I want to ask: What in the next step.

Please tell me if I can immigrate with my parents.

It would be great if you tell me the bottomline.

Thank you.

[milimelo 4,199]

You don't qualify for CSPA - you aged out. You can only deduct the time it took to approve the petition which is 2 years. 

[Sparkle Sparkle 913]

47 minutes ago, milimelo said:

You don't qualify for CSPA - you aged out. You can only deduct the time it took to approve the petition which is 2 years. 

I concur my dear... I know its hard but time changed yesterday and you can't immigrate based on that petition. 

[ShahbazRasheed 0]

1 hour ago, milimelo said:

You don't qualify for CSPA - you aged out. You can only deduct the time it took to approve the petition which is 2 years. 

Thank you very much. I appreciate it. Is there any other visa category I will be shifting to, and what do i need to do next? I ll be really thankful.

[ShahbazRasheed 0]

20 minutes ago, Sparkle Sparkle said:

I concur my dear... I know its hard but time changed yesterday and you can't immigrate based on that petition. 

thank you very much for your kind concern. How can I move to US with my family as everyone is going? Can I still Join? waiting to hear from you.

[SusieQQQ 11,584]

Your parents can sponsor you once they get their green cards, provided you remain unmarried. For most countries that would be another 5-7 year wait though. There is no family based visa that will allow you to immigrate at the same time as them. 

[SusieQQQ 11,584]

Also on a point of technical correctness, your priority date is still not current. Table A is the table (for April, 1 July 2006) to use for that. It does not make a difference in your case, however. 

[NancyNguyen 1,657]

It is very simple calculation, your waiting time for approval was 2 years 4 months. You minus your current age and the waiting time, if it is under 21, you are good to go.

[Mollie09 1,543]

8 hours ago, ShahbazRasheed said:

thank you very much for your kind concern. How can I move to US with my family as everyone is going? Can I still Join? waiting to hear from you.

You cannot move with them, they have to apply for you once they become permanent residents. The wait is 5-7 years and you have to remain unmarried until you receive residency.

[ShahbazRasheed 0]

7 hours ago, SusieQQQ said:

Also on a point of technical correctness, your priority date is still not current. Table A is the table (for April, 1 July 2006) to use for that. It does not make a difference in your case, however. 

Thank you, Theres one more question as I want to be sure. Is the Notice date in the Form I-797 (Notice of Action) called  the "date of Approval" that I will subtract from my age at the time PD became current for the petition in my case?

[SusieQQQ 11,584]

18 minutes ago, ShahbazRasheed said:

Thank you, Theres one more question as I want to be sure. Is the Notice date in the Form I-797 (Notice of Action) called  the "date of Approval" that I will subtract from my age at the time PD became current for the petition in my case?

Yes, except as your age is already over 21 on a CSPA basis you don’t need to wait till your PD is current. You already know you don’t qualify. Sorry about that.

Edited April 17, 2020 by SusieQQQ

[NancyNguyen 1,657]

1 hour ago, ShahbazRasheed said:

Thank you, Theres one more question as I want to be sure. Is the Notice date in the Form I-797 (Notice of Action) called  the "date of Approval" that I will subtract from my age at the time PD became current for the petition in my case?

Date of Approval - Date of Priority = Waiting Time

 

Your Age - Waiting Time > 21, you are not qualified.

[Just Paul 4,591]

2 hours ago, ShahbazRasheed said:

Thank you, Theres one more question as I want to be sure. Is the Notice date in the Form I-797 (Notice of Action) called  the "date of Approval" that I will subtract from my age at the time PD became current for the petition in my case?

Sorry but you are no longer with a valid petition (via your uncle).   Once your parents come to the US they can petition for you.

[ShahbazRasheed 0]

On 4/17/2020 at 4:24 PM, SusieQQQ said:

Also on a point of technical correctness, your priority date is still not current. Table A is the table (for April, 1 July 2006) to use for that. It does not make a difference in your case, however. 

This was really helpful as I was about to ask if I had to Check Final Action Chart A for considering any difference. Thank you for checking.

[ShahbazRasheed 0]

On 4/17/2020 at 4:24 PM, SusieQQQ said:

Also on a point of technical correctness, your priority date is still not current. Table A is the table (for April, 1 July 2006) to use for that. It does not make a difference in your case, however. 

As you have made me aware of the technical correctness.

I now am aware that I aged out but

My sister is also a derivative.

Her D.O.B is 11 Dec 1998.

Please tell me if I am mistaken as I have been looking for the priority date to become current in Chart B and in April visa bulletin it is current (July 23, 2007 is PD).

 

Her age as on 1st day of April 2020 Visa bulletin is 21 years 3 months and 21 days.

I have used Chart B "Dates for Filing Family Based Immigration Visa" to determine her current age to be used in the CSPA age formula.

And 

I calculated her CSPA age by subtracting the "2 years 3 month 28 days pending approval duration"  from "her age on April 1, 2020".

Her CSPA Adjusted is now 18 years 11 months 23 days while considering Chart B.

If I consider Chart A "Final Action Dates" while I expect the PD to become current before April 2022, her CSPA Age will still be 20 years 11 months.

Should She  “seek to acquire” an immigrant visa within one year of the date her priority date became current in Chart B  "Dates for Filing Family Based Immigration Visa" OR within one year of the date her priority date became current in Chart A "Final Action Dates Family Based Immigration Visa" of the Visa bulletin.

Please let me know if I am going in the wrong direction while determining her priority date becoming current and miscalculating her age on the date PD becoming current.
I will be grateful to you if you guide me on going parallel with the Visa bulletin while proceeding to further required steps also.

As when does she  needs taking any of the following actions:
• Filing an adjustment application (I-485)
• Filing an immigrant visa application in the consular processing context (DS-260) or
• Filing an I-824 Application for Action on an Approved Application.

 

Gratitude and many thanks in advance.