wannabe

Yes CSPA can help in your case. As a permanent resident, you can still file a petition for your underage unmarried son/daughter under the category of F2A and being underage will protect your son from "aging out" when he turns 21. But upon becoming 21, his category will be switched to F2B. This is when the CSPA will have to be applied in his case to retain his status. Also, if you become a citizen, during this time, the category can be changed for your son to speed up the process.

Please refer to the link: http://goo.gl/clCtN

Also, when did you gain your permanent resident status (LPR)?

Let me know if that explains.

I am a permanent resident as of oct 16 2012, and my son will be 17 november 28, i was wondering if theres is anyhting cspa can do that i can sponsor him, because will turn 21 before i am a citizen.

Am I qualified for CSPA:

Priority Date: 1987 (not yet born)

Date of Birth: 1988

Approval Notice: 2009 (is this the date petition approved date?)

Visa become Current: Jan 2010 (age: 21 and 6 months)

pls. reply

Do you mean "Visa becomes Current" in Jan 2012? Since Jan 2010 has already passed and would mean that you already went through the immigration procedure. Let me know.

Hi My wife is Permanent RESIDENT OF USA. She is not working at all. I am USA citizen. We have one kid 2 yrs old. We are planning to bring my wife's mother

to USA. Can I bring her permanently? OR IF NOT, How we can bring her over here? is visitor visa easy to bring her? what are the steps..plz

Visitor's visa can be a shot at the present. She might not get it as Visitor's visa is given on the basis of - displaying strong ties in the home country. Which, in your case, is opposite as she has strong ties in the US (i.e. you and your wife). But, nonetheless, it is worth trying. Sometimes, they will grant you a visitor's visa even after this fact.

Now, about inviting her to live in US permanently can only be possible when your wife becomes USC. Because you mother-in-law is the direct relative of your wife and that track will take you about 6-8 months from filing for your mother-in-law to her getting a GC.

Thanks!

A new development to the case:

Upon mailing the Appeal Letter with the first mail, I recently received IV Fee Invoice to be paid and was asked to submit my DS-230 along with civil documents. Now, I am currently 25 and the payment system had my correct birth year of "1984".

What chances do I have of being accepted as a child under CSPA with my mother's application?

Any advices or suggestions will be helpful.

Thank you.

This might be a redundant question or scenario but I wanted some tips to approach and although I am new to the forum, I have been studying these laws for quite some time and had a few questions.

Facts:

1. I am a derivative beneficiary on my mother's immigration petition filed by my maternal grandfather (US Citizen).

2. I aged out after August 2, 2002 and am currently 24 years old.

3. The Affidavit of Support letter just came in and the priority date is 3 months away (according to the visa bulletin). PD is March 2001.

Now, reading the forum and CSPA section, I interpreted that a separate I-130 will have to be filed by my mother upon becoming a lawful perm resident which will have the "original" priority date from my Grandfather's application (as I was minor when that petition was filed). Please correct me if I am wrong!

My situation: I am currently in US and just completed my bachelors and am on OPT. Is there any chance that I can make a case of Adjustment of Status during my mother's immigration process is going on?

Any suggestion is welcome. Thank you for taking the time for reading my case.

Hi tfarrukh,

In the appeal letter, it was basically mentioned the situation that the families will be divided again and that I was a minor when the application was done. Mentioned my DOB as well as my status that I am still unmarried. If you want, I can email you the appeal letter for CSPA case that I drafted on behalf of my mother to submit with DS 3032.

Thanks

hi,

a very close family friend came to US last april 2006 but just the couple... they got to leave their 2 kids in the philippines since they already aged out... and heres the case... the dad was being petitioned back in 1993 by his US citizen father that is here in the US. around 2005 their papers started coming in with the kids' names on the documents... joseph which is the eldest was already 24 when their petition was currect and marie turned 21 few month before the interview...

when their interview date letter arrived, marie's name was still included.. so marie went to all the medical and interview process with her parents which she passed all the test! when they picked up the VISA 3 days later.. they were told that marie's name is not included in the Visa since she already age out and already turned 21... visa are just available for the parents! now auntie Lorna and uncle Orlando is been here in the US since april 2006 and didnt know about CSPA at all.

now, i dont want to give both of them false hopes till i refer it to you guys.... are the kids compatible for CSPA regulations?? marie was 8yrs old when the petition was filed and im guessing Joseph was 11.

if there still hope for the kids to come over what is the first step to do??? or do we need to get a lawyer to process all these?

i know VJ family is more than a lawyer.... and its even totally free... pls...help us in anyway about this case.. we can all relate how to be away for our loved ones... and if they have a chance, why not... thank you very much and looking forward for anykind of help

A good lawyer may be needed in this case.

My opinion is based on the facts that you have presented is that CSPA will not apply in this case. Even though Marie may have been able to benefit from CSPA at one point (depending on her CSPA age calculation AND her being unmarried), she is not longer covered because a beneficiary must attempt to adjust his/her status within a year of the priority date becoming current. Generally, this means a separate DS-230 for the child. I don't know if there was any official paperwork on Marie. Listing her on dad and mom's DS-230 does not count as an attempt to adjust.

Your facts are incomplete and probably difficult to ascertain on an online forum. Your best bet will be to contact a qualified immigration lawyer.

Navigating the immigration process can be tricky, and I would suggest that people do not attempt to do when there are beneficiaries who may age out. The potential risk for not getting a visa is too great in light of the money it would take to retain a lawyer.

>>> What official paperwork for marie are you referring to? as what i stated that marie was included in the entire process except she was included in the visa when they got it.

>>> what you mean by listing her on mom and dad's DS-230? they didnt tried to do something about it since they dont know that CSPA existed at all so theres no adjustment that was done.

well, to make the story short, Marie was very young when the petition was filed? and she aged out months before they had their interview... so mom and dad are the only ones that made it here in the US.

so you suggest we have to get a lawyer?

Go see a lawyer. I expect that he/she will tell you that CSPA will not apply because Marie did not attempt to adjust her status within a year of the PD becoming current. If you don't understand this then you will need a lawyer's help. The DS-230 is the Immigration Visa Application. Each member must file his/her own DS-230. For example; a family of four would need four DS-230 - one for each member. All other members are listed on each DS-230. It doesn't matter if someone is listed. To benefit from CSPA, the aged out individual must have his/her own DS-230. If one was not filed for Marie then CSPA will not help her.

What will be your advice when to notify NVC that CSPA will apply to my brother who si 23 now? See below for timelines of NVC.

NVC Journey

09-16-09 - DS-3032 / AOS Bill Generated

09-17-09 - E-mailed DS-3032

09-18-09 - Mailed DS-3032

09-18-09 - Pay AOS Bill (Online)

09-21-09 - AOS Bill Show as PAID

09-23-09 - IV Bill Generated

09-23-09 - Paid IV Bill

09-23-09 - NVC accepted DS-3032(received an e-mail)

xx-xx-xx - Mailed I-864 Package (will mail in few days)

xx-xx-xx - IV Bill Show as PAID

xx-xx-xx - I-864 received at NVC

xx-xx-xx - NVC accepted I-864

xx-xx-xx - Mailed IV Package(DS-230)

xx-xx-xx - Case Completed at NVC

xx-xx-xx - NVC Left :

xx-xx-xx - Consulate Received :

xx-xx-xx - Medical:

xx-xx-xx - Interview Date:

Now my question is:

My son is now 23. how i need to notify NVC that CSPA applies to him? what method & when? should i or just stay quite? will they figure out or i do need to inform then about CSPA.

Here is more info:

6/1/1986 1. Son Date of Birth:

10/14/2005 2. Date Petition Filed:

4/29/2009 3. Date Petition Approved:

09/15/2009 (DS3032 & AOS received)

09/15/2009 sent ds3032 & AOS fee paid online - pending processing)

what should i do next?

please help. thx

I (mother) have received ds3032 and AOS on 09/15/2009 from NVC. I sent in DS3032 and paid fee online for my son on 09/15/2009.

Now my question is:

My son is now 23. how i need to notify NVC that CSPA applies to him? what method & when? should i or just stay quite? will they figure out or i do need to inform then about CSPA.

Here is more info:

6/1/1986 1. Son Date of Birth:

10/14/2005 2. Date Petition Filed:

4/29/2009 3. Date Petition Approved:

09/15/2009 (DS3032 & AOS received)

09/15/2009 sent ds3032 & AOS fee paid)

what should i do next?

please help. thx

Hi tfarrukh,

You'll get a better advice than me for sure! But, did you send an appeal letter with your DS3032? That's what we did recently when we got notified about the choice of agent (DS3032) and AOS payment notificaiton.

Also, this is more for me but were you applied under 4th preference category "Brother/Sister of Citizens"? And is your son a derivative beneficiary?

Also, what do you call "petition approved"? Is it when you get a NVC case no. like we did "BMB*******" (BMB being Mumbai, India consulate of US). [i am trying to determine if I can be applicable for CSPA as I am turning 25 and a petition for my mom was filed by my grandfather in 2001 and we just got our DS3032).

Thanks and thank you to whoever replies as well.

Thank you aaron2020 for the quick reply.

In that case, I have another question regarding CSPA age.

The application was filed March 1,2001 and approved by March 5, 2001. So, it was open for only 4 days. And we fall under f3 category for family immigration. But according to the Visa Bulletin, the Priority date of March 5, 2001 will be arriving for processing in the coming 3 months. (currently it is 15 Dec 2000 for India as per Visa Bulletin)

Does that mean that I would be eligible for CSPA even though I am derivative beneficiary and does that mean that the last 7 years that the visa was pending to be issued, can be subtracted from my age for CSPA purposes?

Your help is greatly appreciated. Thanks again for taking the time to reply.

This might be a redundant question or scenario but I wanted some tips to approach and although I am new to the forum, I have been studying these laws for quite some time and had a few questions.

Facts:

1. I am a derivative beneficiary on my mother's immigration petition filed by my maternal grandfather (US Citizen).

2. I aged out after August 2, 2002 and am currently 24 years old.

3. The Affidavit of Support letter just came in and the priority date is 3 months away (according to the visa bulletin). PD is March 2001.

Now, reading the forum and CSPA section, I interpreted that a separate I-130 will have to be filed by my mother upon becoming a lawful perm resident which will have the "original" priority date from my Grandfather's application (as I was minor when that petition was filed). Please correct me if I am wrong!

My situation: I am currently in US and just completed my bachelors and am on OPT. Is there any chance that I can make a case of Adjustment of Status during my mother's immigration process is going on?

Any suggestion is welcome. Thank you for taking the time for reading my case.

You have it wrong.

First, you need to figure out your CSPA age. CSPA provideds relief for beneficiaries who turn 21 and had to endure processing delay from USCIS. The time it takes for USCIS to approve a petition does not count against the beneficiaries. So, if it took USCIS more than 4 years to approve the case for your mother, your CSPA age would be 20; Real age of 24 - Years to approve the petition 4 = CSPA Age 20.

Second, once your mother becomes an LPR, she can file for you in the F2b category (LPR petitioning for an unmarried child over 21). USCIS takes the position that you do not get to retain the priority date under the petition your grandfather filed for your mother. There are lawsuits going on right now to assert a more favorable interepretation to the immigrant.

Thrid, you cannot do an adjustment of status in the US. You must return to process at the local embassy/consulate.

This might be a redundant question or scenario but I wanted some tips to approach and although I am new to the forum, I have been studying these laws for quite some time and had a few questions.

Facts:

1. I am a derivative beneficiary on my mother's immigration petition filed by my maternal grandfather (US Citizen).

2. I aged out after August 2, 2002 and am currently 24 years old.

3. The Affidavit of Support letter just came in and the priority date is 3 months away (according to the visa bulletin). PD is March 2001.

Now, reading the forum and CSPA section, I interpreted that a separate I-130 will have to be filed by my mother upon becoming a lawful perm resident which will have the "original" priority date from my Grandfather's application (as I was minor when that petition was filed). Please correct me if I am wrong!

My situation: I am currently in US and just completed my bachelors and am on OPT. Is there any chance that I can make a case of Adjustment of Status during my mother's immigration process is going on?

Any suggestion is welcome. Thank you for taking the time for reading my case.