child protection act

#1
My aunt filed a petition F4 for my Father February 5, 2004. The petition
includes my father, my mother , my brother and myself .

The following are the important dates:

1. I-130 Receipt Notice dated February 5, 2004

2. Approval Notice for I-130 dated December 1, 2009

3. my birthdate January 20, 1990



The time I-130 petition was pending was 5 years, 9 months and 25 days.
NVC did not generated my invoice but as i was eligible under cspa , i requested and they generated the invoice.Nvc asked me to pay for the visa fees and fill out the ds-260 form on September 27,2017 . I paid all the required fees and submitted ds-260 along
with all the required documents.

Based on adjusted date of birth , my adjusted age at the time of generation of invoice was 24 years i think.

The date we received the Interview letter(P4) is December 14,2018.

The date of the interview was January 20,2019.

we appeared for the immigrant visa on January 20, 2019. The embassy
approved the visa for all the family members except myself. The reason for the denial was my age. If they had to reject the visa why would they called me for medical and interview? Is there anything I can do now?
 

SusieQQQ

Well-Known Member
#2
There is nothing you can do if you aged out - if you were 21 or over, CSPA age, at time of interview, there is no discretion.

Based on your dates, you were already ineligible under CSPA when you requested the invoice in Sept 2017 - your CSPA age at that date was 21 years 10 months. Presumably this was why NVC did not originally generate an invoice for you. So I am not sure why you believed you were still eligible? As far as I understand, if you have requested to proceed despite being aged out they just continue with the application, they don’t recalculate the date again. I believe from another poster who went through similar and posted the text of the communication from NVC, that in such a situation there is ‘small print’ somewhere advising you to ensure you are eligible before proceeding to pay fees etc. It seems your next alternative is the rather slow one of your parents filing an I130 for you once they have their green cards.
 
#3
There is nothing you can do if you aged out - if you were 21 or over, CSPA age, at time of interview, there is no discretion.

Based on your dates, you were already ineligible under CSPA when you requested the invoice in Sept 2017 - your CSPA age at that date was 21 years 10 months. Presumably this was why NVC did not originally generate an invoice for you. So I am not sure why you believed you were still eligible? As far as I understand, if you have requested to proceed despite being aged out they just continue with the application, they don’t recalculate the date again. I believe from another poster who went through similar and posted the text of the communication from NVC, that in such a situation there is ‘small print’ somewhere advising you to ensure you are eligible before proceeding to pay fees etc. It seems your next alternative is the rather slow one of your parents filing an I130 for you once they have their green cards.
Thanks for your reply. but when they generated my parents' invoice, i was still under age of 21 year. so that i asked nvc to generate my invoice. but they took too much time and when they generated invoice i was aged out.
 

SusieQQQ

Well-Known Member
#4
Thanks for your reply. but when they generated my parents' invoice, i was still under age of 21 year. so that i asked nvc to generate my invoice. but they took too much time and when they generated invoice i was aged out.
Ok, then maybe they didn’t invoice you originally because it was obvious you’d age out by the time of interview... it doesn’t change the outcome that you’d aged out by the actual interview (or that you’d aged out by the time you paid, but that’s not really relevant. The date of the interview is what matters, not the date of anything you paid.) Are you guys from India by the way?
 
#5
Ok, then maybe they didn’t invoice you originally because it was obvious you’d age out by the time of interview... it doesn’t change the outcome that you’d aged out by the actual interview (or that you’d aged out by the time you paid, but that’s not really relevant. The date of the interview is what matters, not the date of anything you paid.) Are you guys from India by the way?
Yes. Why!
 

SusieQQQ

Well-Known Member
#8
Ya so actually the date the interview becomes available was i think in 2016. Then they started the process of documents and ds260. That time i send nvc email to general my invoice.
No, your priority date for India only became current in May 2018. Anything ahead of that would just have been admin - the forms etc, they do all that in advance. May 2018 was earliest possible date for you to interview. As above, you were already aged out by then.
 
#9
No, your priority date for India only became current in May 2018. Anything ahead of that would just have been admin - the forms etc, they do all that in advance. May 2018 was earliest possible date for you to interview. As above, you were already aged out by then.
Thanks for your reply. just wanted to know then what is the "sought to acquire" under cspa. I think it means you need to submit ds-260 within one year from the date when nvc ask to pay the fees?.
 

SusieQQQ

Well-Known Member
#10
Thanks for your reply. just wanted to know then what is the "sought to acquire" under cspa. I think it means you need to submit ds-260 within one year from the date when nvc ask to pay the fees?.
No, it’s one year from the date a visa becomes available. That is the month in which your priority date becomes current, in your case that was May 2018 - after you’d aged out.
 

whitemimauz3

Registered Users (C)
#11
I wonder what is USCIS & DOS interpretation of Family-sponsored preference principal applicants and derivative applicants for CSPA purpose I know it is applicable for spouse and children of LPR's why it is not applicable for F4 derivatives is surprising.
 

SusieQQQ

Well-Known Member
#12
I wonder what is USCIS & DOS interpretation of Family-sponsored preference principal applicants and derivative applicants for CSPA purpose I know it is applicable for spouse and children of LPR's why it is not applicable for F4 derivatives is surprising.
It is applicable for F4 derivatives, but it’s not indefinite protection for any family-based derivatives. If this particular poster’s priority date had been current a couple of years earlier, he would have been protected by CSPA. F4 lose out most often because they have the longest times to wait till current.
 

newacct

Well-Known Member
#14
Is is not this person's age is frozen the day of I-130 receipt, so approximately this person was 14 years of age as of I-130 receipt
The person's age is frozen the day of I-130 receipt only for children in the Immediate Relative category (i.e. unmarried under-21 children of US citizens), because a visa number is always immediately available. For all other categories, the age is considered on the day a visa number becomes available; they subtract the length of time the petition was pending from the age at the time a visa number becomes available, and that age must be under 21.
 

SusieQQQ

Well-Known Member
#15
Is is not this person's age is frozen the day of I-130 receipt, so approximately this person was 14 years of age as of I-130 receipt
Only for IR. See the section on family preference here for details: https://www.uscis.gov/greencard/child-status-protection-act

Bear in mind certain countries have over 20 years wait for PDs to become current. If everyone’s ages froze such “children” could start taking up significant portions of the already heavily backlogged numerically limited categories. This is not the purpose of CSPA. The US is already far more generous than most countries on the relationships and ages it allows for family-based immigration.
 

whitemimauz3

Registered Users (C)
#16
Historically F4 category is most affected in terms of backlogged cases, derivatives from this category are the ones who needed the most CSPA law. I don't understand why & how congress interpreted that CSPA is applicable to ONLY immediate relative category and at the same time it says applicable to Family-sponsored preference principal applicants and derivative applicants. I don't know how different are derivatives in immediate relative category to F4 siblings category. This is like defeating its own purpose for which it is enacted for.
 

newacct

Well-Known Member
#17
Historically F4 category is most affected in terms of backlogged cases, derivatives from this category are the ones who needed the most CSPA law. I don't understand why & how congress interpreted that CSPA is applicable to ONLY immediate relative category and at the same time it says applicable to Family-sponsored preference principal applicants and derivative applicants. I don't know how different are derivatives in immediate relative category to F4 siblings category. This is like defeating its own purpose for which it is enacted for.
Nobody said CSPA applies only to the Immediate Relative category. CSPA provides a certain age adjustment for family preference categories (which includes F1, F2A, F2B, F3, and F4) but you have to understand what this age adjustment for family preference categories does. It subtracts the length of time the petition (I-130) was pending. It does NOT subtract the entire length of time one is waiting for a visa number to become available.
 

SusieQQQ

Well-Known Member
#18
Historically F4 category is most affected in terms of backlogged cases, derivatives from this category are the ones who needed the most CSPA law. I don't understand why & how congress interpreted that CSPA is applicable to ONLY immediate relative category and at the same time it says applicable to Family-sponsored preference principal applicants and derivative applicants. I don't know how different are derivatives in immediate relative category to F4 siblings category. This is like defeating its own purpose for which it is enacted for.
It’s not only for IRs. Please re-read the responses you got, as well as the USCIS page I linked. The preceding discussion about the minutiae of whether OP had aged out or not also make clear that CSPA applies to F4. The mistake you seem to be making is assuming that CSPA should cover every derivative who is under 21 at the time a petition is filed, indefinitely. That’s not the purpose of the act, and if you read the link I gave before it explains the rationale behind CSPA. The TLDR version is that It protects people against uscis delays in processing, not against the wait period for a priority date.
 

whitemimauz3

Registered Users (C)
#19
So the issue boils down to efficiency of USCIS in adjudicating I-130 petitions. The more it takes better the better it is for these F4 categories b'coz then it knocks off more of this (pending) time in arriving at CSPA age.
 
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