CPSA Rule Calculation for F4 Category Familybased Visa

K

kmistry1

Registered Users (C)
here is my situation. I have file for my sisters for F4 Category. PD is 7/26/1999. One of the daugher's situation is like this.

1. Child's Date of birth: Dec, 10, 1986
2. Receipt Date of Petition Filed: Jul, 26, 1999
3. Date the Form I-130 was approved: May, 17, 2005
4. Length of time the Form I-130 was pending (#3-#2): 5 Years & 10 Months
5. Date the petition became current:12/31/2009 (Estimated)
6. Date the visa became available: 5/1/2010 (Estimated)
7. Age of child on date visa became available (#6-#1): 23 Years & 6 Months
8. Age of child for CPSA purposes (#7-#4):17 Years and 8 Months

So based on this formula the child should be qualify for CPSA. I wanted know if this is the correct way to calculate or not. you can also see that the approval time was very late 5 Years and 10 Months. it seems like advantageous in this case.

Please give me your thoughts and opinions.

Regards,

Kiran
 
Your calculation is correct. However, number 5 has no bearing on the case. The important dates are date of birth, how long it took for 130 to be approved and date when visa was available. In your case assuming visa is available before the child turns 26 (i.e in 2012), she should be fine as long as she remains unmarried.
 
I think the OP is confusing #5 and #6. When the PD becomes current is when the visa "becomes available". The date the visa is granted is when the interview takes place or the I-485 is approved.
 
Thanks for the reply

5. Date the petition became current:12/31/2009 (Estimated)
6. Date the visa became available: 5/1/2010 (Estimated)

so you mean to say that #5 is same as #6. My understand for #5 is when they publish the visa bulletin. abd #6 is when they call for an interview.
 
kmistry1 said:
Thanks for the reply

5. Date the petition became current:12/31/2009 (Estimated)
6. Date the visa became available: 5/1/2010 (Estimated)

so you mean to say that #5 is same as #6. My understand for #5 is when they publish the visa bulletin. abd #6 is when they call for an interview.
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You are right in your understanding of #5 but it has no bearing on the calculation. However, you are not hundred percent on #6. The date visa becomes available is not when they call for interview but rather the 1st of the month following the visa bulletin publication making your PD current.
 
Your calculation is correct and you are fine, as long as the visa becomes available (or priority date becomes current) before the CSPA age becomes 21.

Yes, #5 and #6 mean the same thing, which in your case is 12/31/2009. The date they call you for interview is totally irrelevant to the CSPA age calculation. Even if your interview is one year later, they will still go back and consider the date the visa became available to determine if your child had aged-out. Its kinda like how priority dates work. If you filed your I-130 application in 1999. Even though it was approved five years later you were still accorded the priority date of 1999 which was when they received your application.

But Im just curious to know how the I-130 was pending for 5years, because around the time you applied, 1-130s only pended for 10 months to 1 year at the most!
 
Thanks for clearing things up.

I-797 shows following

Receipt Date: Jul, 29, 1999
Priority Date: Jul, 26, 1999
Notice Date: May, 17, 2005 (is this notice date is approval date ?)


I remember when I filed that Immigration offiice were in process of some kind of move and that is the resason all the filers in 1999 in East cost area people did not recive the approval notice until 2005.

I think in my case it is advantage.


Any thoughts or anybody else who are in similar situation.
 
kmistry1 said:
I think in my case it is advantage.
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It is. INS typically took a long time processing the I-130 because for FB4, the PD wasn't going to be current for several years. Assuming it's approved, it's a real help for CPSA purposes. If it's not approved, on the other hand, you've lost five years and cannot recapture the old PD.
 
So
Notice Date: May, 17, 2005 Notice Type: Approval Notice

On I-797 is the approval date right ?

Can someone please confirm this ?
 
kmistry1 said:
Any one knows what exactly the process for F4 once PD become current.
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It depends on if you are going through consular processing(CP) or Adjustment of Status(AOS). Im not too sure about the CP process but for the AOS process its pretty straightforward.

- Once PD is current, you submit all your forms.
- A couple of weeks later, CIS sends you a receipt
- A few weeks later they send you fingerprinting notice
- A couple of months later they send you your employment authorization
- A couple of months later send they call for interview
The interview is pretty straightforward, if all goes well, they tell you you are approved on the spot, and you will be receiving an approval letter in the mail in a few days.
- In two weeks you should receive your green card in the mail.

Thats it! The whole process takes only about 6 months from start to finish.

Good luck.
 
Thanks

I am not sure why I need to choose one of this consular processing(CP) or Adjustment of Status(AOS). I am US Citizen and filing under Family F4 Category for brother/sister. I also dont understand why they need employement verification.
 
kmistry1 said:
I am not sure why I need to choose one of this consular processing(CP) or Adjustment of Status(AOS). I am US Citizen and filing under Family F4 Category for brother/sister. I also dont understand why they need employement verification.
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Are you presently inside or outside the US?
 
kmistry1 said:
Thanks

I am not sure why I need to choose one of this consular processing(CP) or Adjustment of Status(AOS). I am US Citizen and filing under Family F4 Category for brother/sister. I also dont understand why they need employement verification.
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You are not the one going through the process, it is your sibling(s) that you are filing for that will be going through this process. If they are outside the US, they will be consular processing, and if they are inside the US, then they can go the AOS route.

And by the way, its Employment Authorization, not "Verification". The employment authorization is not required if they dont want it, It just allows them to be able to work legally in the US while their application is pending, which is a great benefit for most people. And since the CIS fee increase in July 2007, the fees for the I-485 and the I-765 (Employment Authorization application) have been combined, so you are now paying for it whether you decide to take it or not. Again, all this relates to the AOS process.

So let us know if your sibling(s) will be Consular processing(CP) or going the AOS route so that we can better advise you.
 
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