How do I prevent aging out with CSPA?

[dengel123 0]

Hi everybody, my case falls in the F4 category; my Form I-130 was filed on November 19, 2007 and it was approved on February 28, 2012 (meaning, it took 4 years, 3 months to approve my case; this is my pending time). Currently I’m 20 years old and I turn 21 July next year. As far as I know once I turn 21 I’m no longer elegible for a Green Card if our priority date ever becomes current after July 2021.

 

However, the Child Status Protection Act (CSPA) prevents what I’ve just mentioned above from happening using the following formula:

 

Age at Time of Visa Availability - Pending Time = CSPA Age

 

This means that I'll have to subtract the pending time minus my current age once my priority date becomes current. Essentially 4 years, 3 months will be subtracted to my age. (According to this calculations, I have until October 2025 before I age out)

 

But I read that if I want to benefit from the CSPA I must fulfill the "Seek-to-acquire" requirement, and this is the part that I don't completely understand: "The USCIS implies that in order to benefit from CSPA as a family preference you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you".

 

What I understand out of that is, if I want to benefit from the CSPA I must fill one of the following forms within 1 year of the immigrant visa becoming available to my family and I:

• Form I-485 (while in the US)
• Form DS-260 (while outside the US)
• Form I-824 (while in the US)

 

So I'll appreciate if someone can confirm if I'm right, and what form(s) do I have to fill if I want to benefit from the CSPA.

 

Thank you all of you in advance.

[SusieQQQ 11,584]

24 minutes ago, dengel123 said:

Hi everybody, my case falls in the F4 category; my Form I-130 was filed on November 19, 2007 and it was approved on February 28, 2012 (meaning, it took 4 years, 3 months to approve my case; this is my pending time). Currently I’m 20 years old and I turn 21 July next year. As far as I know once I turn 21 I’m no longer elegible for a Green Card if our priority date ever becomes current after July 2021.

 

However, the Child Status Protection Act (CSPA) prevents what I’ve just mentioned above from happening using the following formula:

 

Age at Time of Visa Availability - Pending Time = CSPA Age

 

This means that I'll have to subtract the pending time minus my current age once my priority date becomes current. Essentially 4 years, 3 months will be subtracted to my age. (According to this calculations, I have until October 2025 before I age out)

 

But I read that if I want to benefit from the CSPA I must fulfill the "Seek-to-acquire" requirement, and this is the part that I don't completely understand: "The USCIS implies that in order to benefit from CSPA as a family preference you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you".

 

What I understand out of that is, if I want to benefit from the CSPA I must fill one of the following forms within 1 year of the immigrant visa becoming available to my family and I:

• Form I-485 (while in the US)
• Form DS-260 (while outside the US)
• Form I-824 (while in the US)

 

So I'll appreciate if someone can confirm if I'm right, and what form(s) do I have to fill if I want to benefit from the CSPA.

 

Thank you all of you in advance.

For seek to acquire, if you are getting a visa from outside the US, you will complete and submit a DS260 form. As long as you do that within a year of a visa being available then you are correct, you will remain protected by CSPA. You (your family) will be invited by NVC to pay fees and submit these forms at the appropriate time when it looks like a visa will be available, so you won’t kind of miss this by accident, if that’s what you are worried about. 

[dengel123 0]

9 hours ago, SusieQQQ said:

For seek to acquire, if you are getting a visa from outside the US, you will complete and submit a DS260 form. As long as you do that within a year of a visa being available then you are correct, you will remain protected by CSPA. You (your family) will be invited by NVC to pay fees and submit these forms at the appropriate time when it looks like a visa will be available, so you won’t kind of miss this by accident, if that’s what you are worried about. 

Thank you for your response, I really appreciate it,

 

Just another quick question. According to the Visa Bulletin's  DATES FOR FILING chart, they're currently checking on 01/SEPT/2007. As far as I'm concerned, this chart shows the cut-off dates for when people can start gathering documentation and then submit it to the NVC.

 

Let's suppose that in 2-4 months the cut-off date for the F4 category in the DATES FOR FILING chart will be 22/NOV/2007. Theoretically I can start submitting documentation to the NVC at that time. So, if I submit the DS-260 form in 2-4 months, will I be already protected by CSPA, even though my priority date isn't still current on the FINAL ACTION DATES chart?

Edited August 13, 2020 by dengel123

[SusieQQQ 11,584]

2 minutes ago, dengel123 said:

Thank you for your response, I really appreciate it,

 

Just another quick question. According to the Visa Bulletin's  DATES FOR FILING chart, they're currently checking on 01/SEPT/2007. As far as I'm concerned, this chart shows the cut-off dates for when people can start gathering documentation and then submit it to the NVC.

 

Let's suppose that in 2-4 months the cut-off date for the F4 category in the DATES FOR FILING chart will be 22/NOV/2007. Theoretically I can start submitting documentation to the NVC at that time. So, if I submit the DS-260 form in 2-4 months, will I be already protected by CSPA, even though my priority date isn't still current on the FINAL ACTION DATES chart?

You will be contacted by NVC around the time your date is current in the “dates for filing” with details of how to submit. There is a process, follow it. If you are not entirely sure of the process, read it here, paying attention to the section on NVC processing https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

And no, CSPA age is calculated when a visa is available, which is the final action dates table. 

 

[dengel123 0]

2 minutes ago, SusieQQQ said:

You will be contacted by NVC around the time your date is current in the “dates for filing” with details of how to submit. There is a process, follow it. If you are not entirely sure of the process, read it here, paying attention to the section on NVC processing https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition.html

 

And no, CSPA age is calculated when a visa is available, which is the final action dates table. 

 

Alright. But if I submit my DS-260 form when my priority date is current in the Dates For Filing table, and then, when my priority date is current in the Final Action Dates table and I'm still under 21 according to CSPA age calculations, I'll be protected by CSPA, since I'd have submitted the DS-260 form previously? Am I wrong?

[SusieQQQ 11,584]

2 hours ago, dengel123 said:

Alright. But if I submit my DS-260 form when my priority date is current in the Dates For Filing table, and then, when my priority date is current in the Final Action Dates table and I'm still under 21 according to CSPA age calculations, I'll be protected by CSPA, since I'd have submitted the DS-260 form previously? Am I wrong?

That is correct. 

[dengel123 0]

9 minutes ago, SusieQQQ said:

That is correct. 

Thank you!!! I'm more relieved now.