Child Protection Status Act

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maltimonroe

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I have a question about CSPA

My father's sister applied for I130 in December 2001. The peition was approved on 08/10/2009.
When the petition was filed, I was 14 years old. Now I am currently 22. After doing some research I believe I can be can covered under CSPA. According to CSPA age calculator I am considered 16 years old.

My question is: How do I let USCIS know that I am eligible for CSPA? I hear that there is some covering letter to write. What do I have to include in covering letter?
Is there a form that needs to be filled out in addition to I 485?

Please help me. I am very confused.

Thank you
 
maltimonroe said:
I have a question about CSPA

My father's sister applied for I130 in December 2001. The peition was approved on 08/10/2009.
When the petition was filed, I was 14 years old. Now I am currently 22. After doing some research I believe I can be can covered under CSPA. According to CSPA age calculator I am considered 16 years old.

My question is: How do I let USCIS know that I am eligible for CSPA? I hear that there is some covering letter to write. What do I have to include in covering letter?
Is there a form that needs to be filled out in addition to I 485?

Please help me. I am very confused.

Thank you
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Are you in the U.S. and actually eligible to file an I-485? The FB4 category only became current in November 2010 for the worldwide category. If you are in the U.S., what status are you in? You, as a derivative, can accompany or follow to join your parent who is the principal beneficiary. Where is the rest of the family? Will you be dealing with the Consulate?
 
Hi, Im in a similar situation as you, but mine didnt take 8 years. My lawyer did all the filing but he mentioned that your "age" that will be considered for CSPA is when you file your I485 which would be when your priority date is current.
And like BigJoe5 asked, are you in the U.S. and if you are eligible to file I485. if you are out of status, then you cant file here. unless one of your parents were petitioned on or before April 30, 2001 and you were a derivative, you would be eligible to file your I485 under 245i..
Some lawyers do partial service stuff i dont know exactly but some of them can help you fill out your forms for lesser charge, whereas if you retain a lawyer,it will be more costly. This forum gives great advice, but your best option is always to consult a lawyer.
 
Yes I am in US. I am currently on H4 visa that is valid until November 2013
My dad has H1 visa that is also valid until Nov 2013

So there is not a separate form that needs to attached with I 485? The cover letter that I write, does that have to be in some sort of format?
If someone is willing share their support letter or give me an example of one..I will really appreciate it.

Appreciate your help.
 
You need to file your own separate I-485 together with, or after your father's I-485.

There are several other forms and documents to be sent with your I-485 ... the I-130 approval, I-864, your birth certificate, your father's marriage certificate, I-765 and I-131 (these two are optional but useful), I-693 medical, CSPA eligibility letter.

If you don't understand the process and the forms, do more research and/or arrange a one-hour consultation with a lawyer (if you retain them to handle the process end-to-end it will cost thousands of dollars, but a one-off consultation is usually no more than $200-$300).
 
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maltimonroe said:
Yes I am in US. I am currently on H4 visa that is valid until November 2013
My dad has H1 visa that is also valid until Nov 2013

So there is not a separate form that needs to attached with I 485? The cover letter that I write, does that have to be in some sort of format?
If someone is willing share their support letter or give me an example of one..I will really appreciate it.

Appreciate your help.
Click to expand...

You may be eligible for an immigrant visa BUT you are 22 and have aged out of H-4. You need to talk to a lwayer immediately about your situation.
 
maltimonroe said:
Yes I am in US. I am currently on H4 visa that is valid until November 2013
Click to expand...

The visa expires in Nov. 2013, or the I-94 expires in Nov. 2013?

Has your I-94 expired, and if yes when did it expire?

Given your age, it doesn't make sense that either is valid until Nov. 2013. That means it was renewed in Nov. of this year, when you were already past 21.

Due to you being over 21, you are not in valid H4 status and thus can't file I-485. However, you may be able to obtain a GC through a consulate, depending on your I-94 expiration, but see a lawyer about it.
 
I came to US in 2001. When we came here my dad's company applied for I-140/I-485 under EB3. The I 140 was approved and I 485 is still pending.
I got my H4 back in 2001 and we have been renewing it since then. My I-94 and H4 is valid until 2013.

In mean time, my father's sister also applied for I 130 (Family Pref) in Dec 2000 and that petition was approved Aug 2009. The date is current now.

So my H4 is still valid. So on valid basis of H4 I can still apply I 485, Correct?
 
I thought your latest H4 was issued in error because you were too old for it, and I figured USCIS would reject the I-485 and cancel the H4 once they catch the mistake.

However, it looks like you might be OK ... apparently there is a provision of the CSPA that allows keeping H4 child status after turning 21, if there is also a I-130/I-140 for which you are still eligible under the CSPA.

But you should get a lawyer experienced with CSPA to prepare a clear and concise letter stating the relevant dates for your case and referencing the relevant laws and court precedents to support your CSPA eligibility both for your current H4 and your derivative I-485 application. It is common for over-21 derivative beneficiaries to be (wrongly) denied by USCIS if they don't properly explain their CSPA eligibility when applying. Your case is more likely than usual to result in denial because it depends on the lesser-known provision related to H4.
 
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Yes, provide the lawyer with the relevant facts and documents (particularly a copy of the I-130 receipt and approval notices) have them write up a CSPA eligibility letter proving you are eligible both for your current H4 status and for adjustment of status as a derivative. Unless you feel confident enough to do it yourself.
 
My father was granted asylum in 2001. In that same year, he applied I-730 for me as his son to bring me to America. In June 2003, I was brought to America meaning I-730 was pending on August 2002 when CPSA was passed. On January 2010, I applied for Green Card in which I was denied on November 2010 because I turned 21 years old on August 2010.
 
arhassan said:
My father was granted asylum in 2001. In that same year, he applied I-730 for me as his son to bring me to America. In June 2003, I was brought to America meaning I-730 was pending on August 2002 when CPSA was passed. On January 2010, I applied for Green Card in which I was denied on November 2010 because I turned 21 years old on August 2010.
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When you said you "applied for Green Card" in January 2010, do you mean you filed an I-485? Or was it I-589?

It appears that you are eligible for CSPA protection, but asylum cases have various nuances. See a lawyer to review the timeline of all paperwork that was filed on your behalf to get a more definitive answer for your eligibility; if you are eligible you should file a Motion to Reconsider.
 
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