Confused about CSPA>..

N

nishantchauhan

Registered Users (C)
Hello
l am really confused about Child Protection Act.. I know about if you are above 21 you ll not be eligible...But there is info about it on Immeditate relative and my case is i am grand child and my grandfather who is us citizen has petitioned a file for my dad and family (that is me and mom and dad).


my grandfather (us citizen) filed petition for his son (my dad (and mom and me)) on jan 2002 and we got approval notice on aug 2009
my date of birth is 8 nov 1988. Right now i am 21. But if i calculate my age i will still be around 15 i guess. ls CSPA applies only on first preference that is son of petitioner only , or it applies on 2nd pref (grand son) also..

My uncle called me uscis...they said l wont be included as i m 21 right now ...but acc to age calculation if i calculate...i will still be on 15..as my petitioned date was jan 2002 and we got approval notice on aug 2009....they say the CSPA law is for son of petitioner and i am grandson so that doesnt apply on me...


Petitioner: GrandFather, USC in US. filed for my dad and family (which includes my dad, mom and me)
Preference Category: F3
Priority Date(Petition Filled): 29 Jan 2002
Petition Approved: 24 Aug 2009
My Date of Birth: 8 Nov 1988 (As At Now- 21 years )
Status: Unmarried


Pls help me out...let me know if i will be able to go with my parents or not...my grandfather petitioned a file for his son (my dad and family)
we got approval notice that its been approved and now it will go to NVC...

Any input will be greatly appreciated.

THanks and any input will be greatly appreciated.

NOTE - WE ARE IN INDIA and INDIAN CITIZEN RIGHT NOW
 
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Most of the people on the USCIS phones are useless. The CSPA applies to both direct and derivative beneficiaries. So you will qualify once the age adjustment calculation is applied.
ls CSPA applies only on first preference that is son of petitioner only , or it applies on 2nd pref (grand son) also..
Click to expand...
Preference category is an entirely different issue and you are mixing it up. Your whole family (you + your parents) is 3rd preference in this case.
 
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Thanks Jack and DHLunar for your replies...

Yes sorry i was talking about F3 category online ...what i meant to say was immediate relative and me(being grandchild of the petitioner..indirect relative)...pe

So do i need to do anything to expedite the case as i am already 21...will be 22 in this November 2010..

If so what else can be done to expedite the case....currently visa bulletin states the date 22MAY01 for India for F3 category...
and my main concern is will i be able to go with my parents to US as an immigrant :?

Thanks again...
Appreciate all the inputs...

and someone told me the calculation for immigration age is different...
 
nishantchauhan said:
Thanks Jack and DHLunar for your replies...

Yes sorry i was talking about F3 category online ...what i meant to say was immediate relative and me(being grandchild of the petitioner..indirect relative)...
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You are mixing up the terminology again. Under immigration law, immediate relatives are only the spouses, under-21 unmarried children, and parents of US citizens. Your father is the primary beneficiary, not an immediate relative, and you and your mom are derivative beneficiaries.

So do i need to do anything to expedite the case as i am already 21...will be 22 in this November 2010..

If so what else can be done to expedite the case....currently visa bulletin states the date 22MAY01 for India for F3 category...
and my main concern is will i be able to go with my parents to US as an immigrant :?
Click to expand...
To use the CSPA, you have to apply for an immigrant visa within 1 year after they reach your priority date. They haven't reach your date yet, so you can relax for the next few months.
 
Thanks

Thanks Jack for quick reply...

"To use the CSPA, you have to apply for an immigrant visa within 1 year after they reach your priority date. They haven't reach your date yet, so you can relax for the next few months."

So which visa i will have to apply...once they reach my priority date as in (jan 2002) which currently is may 2001.
I will have to apply what ? i mean which form ? which visa ? do you mean to say Green Card ?

Coz i thought once they reach priority date Jan 2002, they ll call my parents for interview in Indian US embassy (for e.g. mumbai)
and they ll grant immigrant visa to my parents...
So would they call me with my parents too ? or i will have to apply something again separately...

Sorry, but i dont know the terminology and procedure..

Thanks again for your reply Jack..Appreciate it
 
Anyone please...

Hello

Any thing else i can do ??

Any inputs will be appreciated..
Thanks again...

nishantchauhan said:
Thanks Jack for quick reply...

"To use the CSPA, you have to apply for an immigrant visa within 1 year after they reach your priority date. They haven't reach your date yet, so you can relax for the next few months."

So which visa i will have to apply...once they reach my priority date as in (jan 2002) which currently is may 2001.
I will have to apply what ? i mean which form ? which visa ? do you mean to say Green Card ?

Coz i thought once they reach priority date Jan 2002, they ll call my parents for interview in Indian US embassy (for e.g. mumbai)
and they ll grant immigrant visa to my parents...
So would they call me with my parents too ? or i will have to apply something again separately...

Sorry, but i dont know the terminology and procedure..

Thanks again for your reply Jack..Appreciate it
Click to expand...
 
I have heard that the cspa rule came out in August 2002.. so it only applies to whose file has been approved on or before that date...

My file got approved in aug 2009...will that matters in my case...my file was being petitioned on jan 2002...

What is age out ?

And what is I-485.?
Do i have to fill any other form now..or we will be called directly for interview ...currently the date is may 2001....and our date is jan 2002 so most probably another 8 months...

Thanks in advances for all your inputs...Appreciate it.
 
nishantchauhan said:
I have heard that the cspa rule came out in August 2002.. so it only applies to whose file has been approved on or before that date...
Click to expand...
No, it also applies to applications that were pending on or after that date.

What is age out ?
Click to expand...
Becoming too old to qualify as an under-21 child. Without the CSPA, you would have already aged out.

And what is I-485.?
Click to expand...
That is a form which is filed to pursue "adjustment of status", which is the process of changing to permanent resident status within the US, instead of outside the US through a consulate. As a 3rd preference applicant, I-485 is unavailable to you if you are not inside the US legally when your priority date is current.
 
Thanks again for your reply Jack...
Sorry to bug once again..
Do i need to fill out any form. ?? or do i need to have anything done to expedite the case...

l am 21 now and will be turning 22 and i dont understand one more thing how do they count age...i am born on 8 nov 1988...so i guess i am 21 now..i mean running 21st year...

Do i have to fill out any form.
as right now the file numbers are may 2001 (for indian citizen for f3 category)
and our petition was being filed on jan 2002...so more 8 months to go...

will they call me to interview at us embassy in india with my parents too...will they also give me immigration with my parents or will i have to fill out any form separately before or after or during that process...

Thanks again for any inputs ...Appreciate it

Jackolantern said:
No, it also applies to applications that were pending on or after that date.


Becoming too old to qualify as an under-21 child. Without the CSPA, you would have already aged out.


That is a form which is filed to pursue "adjustment of status", which is the process of changing to permanent resident status within the US, instead of outside the US through a consulate. As a 3rd preference applicant, I-485 is unavailable to you if you are not inside the US legally when your priority date is current.
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OP, since your priority date (PD) is not current, you will need to wait until that happens.
You application was pending for about 7 years 6 months 24 days. When your PD is current, your CSPA age = Your age on PD - (minus) 7 years 6 months 24 days (approx).

Looking at the current PD, your CSPA age would most likely be under 21.

Once the PD is current, your grandfather will receive instructions from National Visa Center.

EDIT: I just noticed that I made a typo, although from your reply it seems like it didn't do any harm. I wrote, your CSPA age = Your age on PD - (minus) 7 years 6 months 24 days (approx)., but I actually meant your CSPA age = Your age when PD becomes current - (minus) 7 years 6 months 24 days (approx).
 
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Thanks VisaNutz for your such a simple clarification...Now i uderstand...
but we got letter here in india from NVC that our file is being approved and they ll further contact on what to do...

So what will next step be ?? or what are the next steps ?
and lets say if our PD gets current after 8 months...so that time i ll be 22
so if we count cspa
it ll be 22 minus appx 8 years = 16 yrs..
so i would be eligible..

Appreciate your reply VisaNutz...Thank You

VisaNutz said:
OP, since your priority date (PD) is not current, you will need to wait until that happens.
You application was pending for about 7 years 6 months 24 days. When your PD is current, your CSPA age = Your age on PD - (minus) 7 years 6 months 24 days (approx).

Looking at the current PD, your CSPA age would most likely be under 21.

Once the PD is current, your grandfather will receive instructions from National Visa Center.
Click to expand...
 
They will contact your parents soon (a few weeks, maybe a few months) after your priority date becomes current. There is nothing for you to do before your PD is current.
 
Thanks Jack again for the valuable reply...

Actually you can understand i was just anxious to know the proces..
As in uscis or any other website i dont see the process detail...

Do you or anyone here know any website which shows you detailed outlined process steps..
as in from start to end...all steps..so that i can have an appx idea of whats the process like, what will be the next step..so that i can be ready with everything needed.

Thanks again..
Appreciate all of ya...
Jackolantern said:
They will contact your parents soon (a few weeks, maybe a few months) after your priority date becomes current. There is nothing for you to do before your PD is current.
Click to expand...
 
nishantchauhan said:
Thanks Jack again for the valuable reply...

Actually you can understand i was just anxious to know the proces..
As in uscis or any other website i dont see the process detail...

Do you or anyone here know any website which shows you detailed outlined process steps..
as in from start to end...all steps..so that i can have an appx idea of whats the process like, what will be the next step..so that i can be ready with everything needed.

Thanks again..
Appreciate all of ya...
Click to expand...

Here's your bible:

http://forums.immigration.com/showthread.php?287605-I-130-for-Consular-Processing
 
One more question guyzz...
How frequent does the queue move on for priority date (current date)

as in for F3 category for india it is 22 may 2001 right now...how long it ll take to come at 28 jan 2002 (thats my priority date)
i saw last month was also same date...

if anyone can give me idea when my priority date will become current ..so that i can count my age accordingly and will be able to know exactly...
my priority date is 28 jan 2002

Thanks a ton again..

nishantchauhan said:
Thanks VisaNutz
Click to expand...
 
Choice of agent form

We just recieved Choice of Agent form....
It was dated 1 Feb 2010 and we recd it on 4th March 2010 in India...

Now situation is that my grandfather is very serious..Is in ICU since a week...
Doctors said situation is very bad...No time is been given by doctors...

Want to know what to fill in choice of agent...coz right now we are thinking of giving my uncles name as our personal contact but if later on lets say in future we need to hire a lawyer can we ??



nishantchauhan said:
One more question guyzz...
How frequent does the queue move on for priority date (current date)

as in for F3 category for india it is 22 may 2001 right now...how long it ll take to come at 28 jan 2002 (thats my priority date)
i saw last month was also same date...

if anyone can give me idea when my priority date will become current ..so that i can count my age accordingly and will be able to know exactly...
my priority date is 28 jan 2002

Thanks a ton again..
Click to expand...
 
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