CSPA

Single Dad

New Member
Hi,

I hope this forum can help me as I have a couple of questions regarding my family's petition to migrate to the US.

My father was petitioned by his sister who is a US citizen. Under that petition was my mother and myself.

The petition was made in 1997 and we just received the letter from the US embassy that we can finally process our papers.

So we waited for 23 years for our petition.

My question is, will I be under CSPA?

I am already 38 years old now and was 15 when my Aunt petitioned my father and the rest of us.

If I follow the CSPA formula then this would be the computation

38 (current age) - 23 (years for petition) = 15 CSPA age

Am I correct or am I missing something?

Thank you for the help and God bless to you
 
Hi,

I hope this forum can help me as I have a couple of questions regarding my family's petition to migrate to the US.

My father was petitioned by his sister who is a US citizen. Under that petition was my mother and myself.

The petition was made in 1997 and we just received the letter from the US embassy that we can finally process our papers.

So we waited for 23 years for our petition.

My question is, will I be under CSPA?

I am already 38 years old now and was 15 when my Aunt petitioned my father and the rest of us.

If I follow the CSPA formula then this would be the computation

38 (current age) - 23 (years for petition) = 15 CSPA age

Am I correct or am I missing something?

Thank you for the help and God bless to you

The time of the petition pending is not priority date to current date, it is priority date to approval date. Your aunt would have received one i797 (notice of action) from uscis (or INS back then) confirming the petition was received, and a second, probably some years later, saying the petition was approved. It is the difference in time between these two that you subtract from your age.
 
I will ask my Aunt if she received a i797 years ago.

so what would be the correct formula can I use when I get details about the i797?

i797 + year petition was approved - my current age

is this correct Susie? Thank you
 
You can look up a CSPA calculator online to estimate it (the date a visa becomes available is the first day of the month that the priority date is current, it’s not clear when in 1997 your priority date is so it may not be current yet). But yes as a rough guide the time difference between the priority date and second i797, subtracted from your age, will give you your current CSPA age. So for example if it took ten years to approve, you subtract ten years from your current age. In order to be protected under CSPA, your CSPA age needs to be under 21 on the date a visa number becomes available.
 
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