CSPA issue for f4 category

#1
Hi! I am from Bangladesh. My uncle who lives in USA has signed a petition for all of his sister and brother. Our welcome came couple of days ago. But many of my cousins are above 21. So my question is will CSPA be applied for them or not. Our priority date is 25 July 2007.
 

SusieQQQ

Well-Known Member
#2
Hi! I am from Bangladesh. My uncle who lives in USA has signed a petition for all of his sister and brother. Our welcome came couple of days ago. But many of my cousins are above 21. So my question is will CSPA be applied for them or not. Our priority date is 25 July 2007.
CSPA is always applied but it doesn’t always give full protection against aging out. To do the calculation one needs to know:
- priority date of petition
- approval date of petition
- date of birth of each derivative.

The length of time between the priority date and the approval date is subtracted from each applicant’s actual age on the date a visa becomes available (this is the date of the visa bulletin that shows your priority date as being current). You don’t know that last date yet - visas for F4 are currently only available for priority dates earlier than 22 July 2006 - but you can figure out at present if anyone has aged out yet at least.
For example, if the time between priority date and approval date was 5 years, then anyone above the age of 26 when priority date is current has aged out. (Also, just to ensure you are aware as some people aren’t, if any of your cousins have gotten married they are no longer eligible as derivatives.)
 
#3
CSPA is always applied but it doesn’t always give full protection against aging out. To do the calculation one needs to know:
- priority date of petition
- approval date of petition
- date of birth of each derivative.

The length of time between the priority date and the approval date is subtracted from each applicant’s actual age on the date a visa becomes available (this is the date of the visa bulletin that shows your priority date as being current). You don’t know that last date yet - visas for F4 are currently only available for priority dates earlier than 22 July 2006 - but you can figure out at present if anyone has aged out yet at least.
For example, if the time between priority date and approval date was 5 years, then anyone above the age of 26 when priority date is current has aged out. (Also, just to ensure you are aware as some people aren’t, if any of your cousins have gotten married they are no longer eligible as derivatives.)[/QUOTE
How to know approval date.
Is it the notice date.
 

SusieQQQ

Well-Known Member
#4
You have two notices:
receipt notice - tells you petition was received and informs you what the priority date is
approval notice - for F4 probably arrived a few years later - informs you that the petition has been approved.
The time difference between these two notices is what you can subtract from actual age to get to CSPA age.
 
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