ShahbazRasheed

18 hours ago, Aquarius1 said:

Unfortunately, your approval was too fast and only it tooks only 2 years and 4 months you have to minus from your actual age that 2 years and 4 months. You will be like 28 years and 8 months around. It should be less than 21 years of age when PD current in chart A. Hope it helps. But please double check to make sure. Thanks

Thank You for your concern. Yes I am above 28 on CSPA Calculator. Can you please recommend any good source for double checking and reviewing post immigration stories where immigration candidates discuss their issues just like we discuss here?

2 minutes ago, SusieQQQ said:

I can’t read that whole block of text.  Please FORGET CHART B. It’s not relevant to CSPA. I said that already.

just fill in the DS260 when PD becomes current, often it’s submitted before anyway.  You don’t need to “decide” what to do. Your family just follows the steps as soon as they are able to do each one, upon notification from NVC, embassy etc,

Thank you. Stay blessed.

1 hour ago, SusieQQQ said:

Please stop “considering chart B”. It’s irrelevant for CSPA. But as of this month yes you are correct that her CSPA age is 18 years 11 months. By my calculation, as long as her priority date is current by April 2022 she will be eligible to immigrate under CSPA. 
if you are doing visa processing at a consulate she will fill in a DS260. Your family will be notified when it is time to process documents.

Thanks, You have been very helpful to me. I want to ask one more thing and you can guide me if you feel comfortable with the following slight confusion in my mind.

I was reading on USCIS and I am a bit stuck again. If you can kindly help here again, I will decide easily what to do next.

"The Effect of Visa Regression on Seeking to Acquire"

Sometimes a visa availability date regresses, so that a priority date that once was current is no longer current, and the prospective immigrant now has a longer wait than originally anticipated. This presents a dilemma for the derivative beneficiary who seeks to acquire an immigrant visa within one year of the visa availability date under the CSPA.

USCIS has determined that if the visa availability date becomes current again, after a visa regression, and the beneficiary sought to acquire an immigrant visa within one year of that original date, then the beneficiary’s adjusted age will be calculated as of the original date that the priority date became current, not the later date following the visa regression. Of course, this is preferable because earlier means younger, and more likely that the beneficiary will still be able to immigrate as a “child.”

If,however, the beneficiary failed to seek to acquire an immigrant visa within one year of the original date, the beneficiary’s adjusted age will be calculated as of the later date, when the priority date again becomes current. Essentially, an applicant’s age will not be locked in unless they sought to acquire within one year of original visa availability.

Because visa regression is unpredictable, the safest approach is to take steps to acquire as soon as possible after the priority date becomes current.

I need to figure out what time is appropriate.

I mean should we start Worrying about CSPA after PRIORITY DATE becomes current in CHART B of Visa Bulletin or the  We have to wait for the priority date to become Current in CHART A (Final  Action dates) as you told me ?

If we are supposed to Consider CHART B of visa bulletin,  for my sister It has to be submitted before May Visa Bulletin becomes available the time is critical and we can expect much from the system.

I was reading visa bulletins of the fiscal year 2019 and fiscal year 2020.

And

I found the following regression in Current priority dates in “Chart A (Final Action Dates):

Visa Bulletin April 2019: 01 Jan 2006.

Visa Bulletin May 2019: 15 Feb 2006.

Visa Bulletin June 2019: 01 April 2006.

Visa Bulletin July 2019: 15 June 2006

Visa Bulletin August 2019: 01 Oct 2006.

Visa Bulletin September 2019: 01 Nov 2006.

Visa Bulletin October 2019: 22 Nov 2006.

Visa Bulletin November 2019: 01 Jan 2007.

Visa Bulletin December 2019: 01 Feb 2007.

Visa Bulletin January 2020: 01 Feb 2007.

Visa Bulletin February 2020: 01 July 2006.

Visa Bulletin March 2020: 01 July 2006.

Visa Bulletin April 2020: 01 July 2006.

Now as you can see, all the way progressing from 15 june 2006 in Visa Bulletin July 2019 to 01 Feb 2007 in Visa Bulletin January 2020,

unexpectedly, it regressed from 01 Feb 2007 in Visa Bulletin January 2020 back to the dates previously current for f4 category as of Visa Bulletin July 2019 which can be seen as a 7 months where Visa availability priority dates were current for July 2006 (6 months), August 2006 (6 Months), September 2006 (6 months), October 2006 (5 months), November 2006 (4 months), December 2006 (3 months), January 2006 (2 months) and applicants of  February 2006 did not get a chance to “seek to acquire” as the regression in Visa Bulletin February 2020 was unexpected and the derivative applicants (especially children who have reached 21 years of age in on 31 oct 2019 have lost 6 months for CSPA benefit as the dates did not progress. If dates earlier than 01 Nov 2006 in the May 2020 Visa bulletin did not appear to be current, they will age-out if the “pending time their principal beneficiary’s petition was approved was less than 7 months”.

Thus, even if a priority date is only current for one or two months before regressing, and then does not become current again until two years later, the applicant’s age will be locked in based on the date of original visa availability rather than the applicant’s present age, two years later.

If however, the beneficiary failed to seek to acquire an immigrant visa within one year of the original date, the beneficiary’s adjusted age will be calculated as of the later date, when the priority date again becomes current. Essentially, an applicant’s age will not be locked in unless they sought to acquire within one year of original visa availability. Because visa regression is unpredictable, the safest approach is to take steps to acquire as soon as possible after the priority date becomes current. Thus, even if a priority date is only current for one or two months before regressing, and then does not become current again until two years later, the applicant’s age will be locked in based on the date of original visa availability rather than the applicant’s present age, two years later.

I am sorry for such a long query.

I am so glad that you are so helpful, May you get reward for this. Amen.

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.

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.

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?

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.

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.

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.