mlopezPH

3 hours ago, SusieQQQ said:

The instructions are specifically to take the LATER of the two dates (I bolded/underlined that for emphasis in the extract you quoted), so it’s the priority date (final action date).  Because it is the priority date, you have a year from that to pursue a visa, which you have presumably done if you have already attended the interview.  So you are protected. 

 

Can you explain though why you are complicating matters by not just providing what is asked and rather waiting for something else?

I see, my Father just started to work in the US last April, 2019 that's why he cannot provide and tax transcript from the past years. After getting his greencard on 2015 he immediately filed me for petition and went back to the Philippines to wrap-up his work that's why we were worried if I'd get transferred to a different category if we would wait for the 2019 tax transcript instead of finding a joint sponsor which is hard for us as we don't have anyone to reach out to.

Hello everyone! I've been trying to do the computation for my CSPA Age.

Since my priority date is 08/08/2016 , my approval date is 11/02/2016, and my birth date is 01/24/1999.

That means I'll have 2 months and 25 days as the Pending Time right?

Based on the USCIS website:

Age at Time of Visa Availability

The date the visa is considered available is the later of these two dates:

• The date the petition was approved; or
• The first day of the month of the Department of State Visa Bulletin that indicates that a visa is available for you in the Final Action Dates chart.

If I follow the petition approval to get my age at time of visa availability then it will be 17 years old and 9 mos right?

But if I follow the first day of the month of visa availability in the visa bulletin.

Final Action date Chart for October, 2018

Then my age would be 19 years and 8 mos right?

Now if I follow the formula I would get either

17 yrs 9 mos - 2 mos 25 days = 17 yrs 7 mos 5 days as my CSPA Age

or

19 yrs 8 mos - 2 mos 25 days = 19 yrs 6 mos 5 days as my CSPA Age

Why is it different and which one should I follow. Because during the interview we were asked to give a tax transcript for 2018 but we plan to wait and give the tax transcript for 2019 instead which is past my 21st birthday.

12 hours ago, aaron2020 said:

Your CSPA age is locked.  You will be able to immigrate even if you are over 21.

 

You've had your interview at age 20, so your PD must be current.  Once your PD became current, your CSPA age was locked in as 20.  For immigration purposes under this case, you will always be eligible since your age is considered to be 20.

 

Good luck.  

So the CSPA applies even if my petitioner is a permanent resident?

Hello everyone, I have read about the CSPA and I am a bit confused. My interview was done this year at my 20th year of age and resulted in requiring additional documents.. All that is left to do now is to wait for my joint sponsor's tax forms which will come 1st quarter next year. However, my 21st birthday will be this January. Does the CSPA mean I can enter the US even if I am already 21 years old by that time? or, will I still get approved once we submit the joint sponsor taxes even if I am already 21 years old? Thank you!

2 hours ago, H&T said:

I'm hope your case will not be denied( another 221(g) ) for co-sponsor). You 100% need a co-sponsor.

They are waiting for the next 221(g) and you're right with the need for a need to have a co-sponsor. We were thinking that since it was written in the 221(g) that we can give the IRS Tax Return within a year, then we could just wait it out till next year January so my father can file his taxes and receive the IRS Tax Return for 2019.