F2B Derivative Question (Split topic)

[C56 1]

On 3/30/2015 at 6:32 PM, apple21 said:

Yes they can if the children are below 21 years old and single.

Once the NVC process starts, the principal applicant can send an email to NVC stating that she wants to add her children into the F2B petition. Attach a copy of the children's NSO birth certificates.

Hello Apple 21,

Does CPSA (Child Satus Protection Act ) protects Derivative Beneficiaries from aging out in F2B petition?

In the EireneFaith' friend case the adult daughter is the principal applicant and the grandchildren are derivative beneficiaries ,  supposing the 2 are minors, are they protected  by CPSA ?  

I have read controversial information about Derivative Beneficiary and CPSA. 

Thanks for your advice.

 

 

[SusieQQQ 11,584]

8 minutes ago, C56 said:

Hello Apple 21,

Does CPSA (Child Satus Protection Act ) protects Derivative Beneficiaries from aging out in F2B petition?

In the EireneFaith' friend case the adult daughter is the principal applicant and the grandchildren are derivative beneficiaries ,  supposing the 2 are minors, are they protected  by CPSA ?  

I have read controversial information about Derivative Beneficiary and CPSA. 

Thanks for your advice.

 

 

Yes, derivatives may (you cannot say “will” unless you know all the relevant dates) be protected by CSPA, as are all derivatives who are otherwise eligible (that is, unmarried) of family preference categories.

[C56 1]

29 minutes ago, SusieQQQ said:

Yes, derivatives may (you cannot say “will” unless you know all the relevant dates) be protected by CSPA, as are all derivatives who are otherwise eligible (that is, unmarried) of family preference categories.

Hello Susie,

Please have a look in the conversation page bellow from 2017. 

I apologize to you, but the conversation bellow is exactly what I read about the Supreme Court ruling.

USCIS can't keep the original F2B Priority Date for the grandchildren in a new F2B petition, simply because the grandmother will not be the sponsor for the grandchildren.

 

Aged-out derivative beneficiary - Bringing Family Members of US Citizens to America - VisaJourney

 

I am Very Sorry and worried about the effect of the pandemic delays on my 15 year old grandson aging out . 

C56

[aaron2020 11,651]

4 minutes ago, C56 said:

Hello Susie,

Please have a look in the conversation page bellow from 2017. 

I apologize to you, but the conversation bellow is exactly what I read about the Supreme Court ruling.

USCIS can't keep the original F2B Priority Date for the grandchildren in a new F2B petition, simply because the grandmother will not be the sponsor for the grandchildren.

 

Aged-out derivative beneficiary - Bringing Family Members of US Citizens to America - VisaJourney

 

I am Very Sorry and worried about the effect of the pandemic delays on my 15 year old grandson aging out . 

C56

Hi,

 

The US Supreme Court has settled the question of PD retention.  If your grandson ages out, he can not retain his parent's PD when his LPR parent files a new I-130 for him.  

What's your child's PD?  What's your grandson's birthdate?  When did USCIS approved the I-130?  If you provide this information, we can help you figure out if your grandson is likely to age out or not by the time his parent's PD becomes current.

[C56 1]

2 minutes ago, aaron2020 said:

Hi,

 

The US Supreme Court has settled the question of PD retention.  If your grandson ages out, he can not retain his parent's PD when his LPR parent files a new I-130 for him.  

What's your child's PD?  What's your grandson's birthdate?  When did USCIS approved the I-130?  If you provide this information, we can help you figure out if your grandson is likely to age out or not by the time his parent's PD becomes current.

My grandson is 15 years old past January 2021 years old (3 weeks ago)

I-130 petition for my 44 year old unmarried son and his derivative beneficiary (my 15 years old grandson) PD date is June 2018.

USCIS has not I-130 approved yet.

Thanks 

 

 

 

 

 

[aaron2020 11,651]

14 minutes ago, C56 said:

My grandson is 15 years old past January 2021 years old (3 weeks ago)

I-130 petition for my 44 year old unmarried son and his derivative beneficiary (my 15 years old grandson) PD date is June 2018.

USCIS has not I-130 approved yet.

Thanks 

 

 

 

 

 

Your grandson's CSPA age can not be determined until his father's case becomes current in Table A of the monthly Visa Bulletin.

 

It's good that USCIS has not approved the I-130.  The time it takes USCIS to approve the I-130 is not counted and provides extra time.  IF your son's I-130 was approved today, your grandson would get an extra 2 years and 8 months (June 2018 to Feb 2021).  This means he would not age out until he's 23 years and 8 months (21 + 2 years 8 months).

Since your grandson is 15 years old now and the F2a current PD is July 15, 2015, he is unlikely to age out under CSPA.  It's highly unlikely that it will take another 7-8 years for your son's PD to become current.  

This is a guess based on the current situation.  Nothing is final until your sons' PD becomes current. 

[Unlockable 7,306]

*** Posts from a zombie thread from 5 years ago split. 
 

VJ Moderation

[SusieQQQ 11,584]

58 minutes ago, C56 said:

Hello Susie,

Please have a look in the conversation page bellow from 2017. 

I apologize to you, but the conversation bellow is exactly what I read about the Supreme Court ruling.

USCIS can't keep the original F2B Priority Date for the grandchildren in a new F2B petition, simply because the grandmother will not be the sponsor for the grandchildren.

 

Aged-out derivative beneficiary - Bringing Family Members of US Citizens to America - VisaJourney

 

I am Very Sorry and worried about the effect of the pandemic delays on my 15 year old grandson aging out . 

C56

You didn’t say anything about a new petition, in the post I answered. You asked if CSPA protected him as a derivative on the F2B petition, which it may. If he is not protected then no he cannot retain the date for a new petition, but that is a different question. 

[SusieQQQ 11,584]

46 minutes ago, C56 said:

My grandson is 15 years old past January 2021 years old (3 weeks ago)

I-130 petition for my 44 year old unmarried son and his derivative beneficiary (my 15 years old grandson) PD date is June 2018.

USCIS has not I-130 approved yet.

Thanks 

 

 

 

 

 

You want uscis to take as long as possible to approve. The longer they take the more protection he has. It seems to me very unlikely he will age out given the information provided. 
 

 

Edited February 7, 2021 by SusieQQQ

[C56 1]

42 minutes ago, aaron2020 said:

Your grandson's CSPA age can not be determined until his father's case becomes current in Table A of the monthly Visa Bulletin.

 

It's good that USCIS has not approved the I-130.  The time it takes USCIS to approve the I-130 is not counted and provides extra time.  IF your son's I-130 was approved today, your grandson would get an extra 2 years and 8 months (June 2018 to Feb 2021).  This means he would not age out until he's 23 years and 8 months (21 + 2 years 8 months).

Since your grandson is 15 years old now and the F2a current PD is July 15, 2015, he is unlikely to age out under CSPA.  It's highly unlikely that it will take another 7-8 years for your son's PD to become current.  

This is a guess based on the current situation.  Nothing is final until your sons' PD becomes current. 

 

Aaron

Thank you, as per your explanation my grandson IS protected by CPSA as long as when I-130 is approved he has not reached 21 years old. Is it right? 

As per California Service Center, USCIS will approve our I-130 by October 2022.

My grandson age would be 16 years and 9 months of age by Oct 2022.

If he  his I-130 is approved  by Oct. 2022,  my grandson would have extra  4 years and 4 months (June 2018 to Oct 2022) 21+4y 4mo=25years old when he  gets his  green card.  

Am I right? 

 

Please advise

Many Thanks,

C56

 

 

 

 

[C56 1]

1 hour ago, SusieQQQ said:

You didn’t say anything about a new petition, in the post I answered. You asked if CSPA protected him as a derivative on the F2B petition, which it may. If he is not protected then no he cannot retain the date for a new petition, but that is a different question. 

 Suzie,

I filed One petition Only for my unmarried 21+ son and my grandson as derivative beneficiary.

 

The original and new petition I commented was from Chuawaaa's profile on that link where unfortunately the 3 siblings aged out.😞

 

Many thanks for the advice

 

[aaron2020 11,651]

1 hour ago, C56 said:

 

Aaron

Thank you, as per your explanation my grandson IS protected by CPSA as long as when I-130 is approved he has not reached 21 years old. Is it right?  No, I did not say that.  When your son's PD becomes current, your grandson's CSPA age gets locked in.  Whether his CSPA age is over 21 or not depends on when the I-130 gets approved.

As per California Service Center, USCIS will approve our I-130 by October 2022.  Not how that works.  You have no idea when USCIS will approve the I-130.  

My grandson age would be 16 years and 9 months of age by Oct 2022.

If he  his I-130 is approved  by Oct. 2022,  my grandson would have extra  4 years and 4 months (June 2018 to Oct 2022) 21+4y 4mo=25years old when he  gets his  green card.  

Am I right?  No. Please reread what I wrote earlier.

 

Please advise

Many Thanks,

C56

 

 

 

 

 

[SusieQQQ 11,584]

4 hours ago, C56 said:

 Suzie,

I filed One petition Only for my unmarried 21+ son and my grandson as derivative beneficiary.

 

The original and new petition I commented was from Chuawaaa's profile on that link where unfortunately the 3 siblings aged out.😞

 

Many thanks for the advice

 

You asked a particular question, namely “Does CPSA (Child Satus Protection Act ) protects Derivative Beneficiaries from aging out in F2B petition?”,  I answered it. I did not answer a question about something else that wasn’t mentioned, by somehow realizing you had that in the back of your mind when you asked it. Reading back in this thread I have no idea what you are referring to. Anyway Aaron has explained cspa to you so that’s done. If you need more info it is here https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa , see the section for family preference/employment/diversity visa applicants.

[Demise 1,093]

22 hours ago, C56 said:

Hello Apple 21,

Does CPSA (Child Satus Protection Act ) protects Derivative Beneficiaries from aging out in F2B petition?

In the EireneFaith' friend case the adult daughter is the principal applicant and the grandchildren are derivative beneficiaries ,  supposing the 2 are minors, are they protected  by CPSA ?  

I have read controversial information about Derivative Beneficiary and CPSA. 

Thanks for your advice.

 

 

Yes, F2B does allow derivative children to tag along and CSPA does protect those derivative children from aging out. So the time the I-130 is pending is basically credited against the derivative's age. Other requirements like seeking to acquire permanent residency within 1 year of the priority date becoming current still do apply.