Help with CSPA

[appleblossom 4,367]

2 hours ago, BHemisphereWorker said:

 

Apologies for the delayed response.

 

Can we simulate a scenario?

 

Let's assume my brother's PD becomes current on Chart A on Dec 2025. His PD is 27 August 2012. His PD becomes current on Chart B sometime Feb 2022 and we got an email on 24 Feb 2022 that he can submit his & his derivatives documents. There were several back and forth and finally got DQ'd on 30 August 2023.

 

CSPA age = Biological age minus processing delay

 

CSPA age = 20 years old & 3 months (Dec 2025) - 11 years (Aug 2012 to Aug 2023)

CSPA age = 9 years & 3 months
 

Is this correct?

 

You say Aug 2012 to Aug 2023 for processing time but that can’t be right if they were only DQ’ed in August 2023. The processing time that you subtract from his age only applies to the time it took to process the I-130, which is why we’ve asked you when that was approved. 
 

Without that detail nobody can help you, so you need to find that out. 
 

 

[Demise 1,437]

11 hours ago, BHemisphereWorker said:

 

Apologies for the delayed response.

 

Can we simulate a scenario?

 

Let's assume my brother's PD becomes current on Chart A on Dec 2025. His PD is 27 August 2012. His PD becomes current on Chart B sometime Feb 2022 and we got an email on 24 Feb 2022 that he can submit his & his derivatives documents. There were several back and forth and finally got DQ'd on 30 August 2023.

 

CSPA age = Biological age minus processing delay

 

CSPA age = 20 years old & 3 months (Dec 2025) - 11 years (Aug 2012 to Aug 2023)

CSPA age = 9 years & 3 months
 

Is this correct?

 

 

I need the date the original I-130 was approved to give you a CSPA age. That is not the DQ date, that's when the initial petition your mutual parent filed was approved. They could've approved that in essentially any period of time, normally they sit on backlogged categories for a while to extend CSPA eligibility onto derivative children. 

 

In any case - if we presume that the priority date becomes current (chart A as you call it) in December 2025, then the oldest is 20 years and about 3 months old at the time, so I think we can skip the CSPA calculation (because you know, under 21 years minus any timespan will still under 21). As long as the DS-260 was filed or will be filed for her somewhere between Feb 2022 and November 30, 2026 she'll be able to immigrate. 

Edited July 3 by Demise