F4 category, children aged out but eligible by CSPA - no option to pay fees on CEAC

1AurCitizen

Registered Users (C)
#61
Hi there, you mention the country that's acquiring is from india.
please note 2 things,

1. Immigration from India to the US is much more tenious than other countries due to the number of immigrant applications and population. Im from Malaysia and were only 25 million of us and 6 million foreigners and we hardly have people that come to the US on immigrant visas. if Malaysians immigrate , they come to Australia or sometimes Canada.

2. Filing for India cases take long time due to the visa bulletin charts.
With Indians, it's usually chain migration to the US. And the huge population you cite is the primary determinant for Indian nationals' intent to migrate. Those who can't get to the US (or Canada) seek to go to Aus/NZ. But the US is the primary migration destination of choice.
 

dpy

New Member
#62
I was checking for CSPA and based on a calculator, I am getting results as below,
Screenshot_77.jpg

I called NVC and they told me that I should receive a welcome letter in a couple of days (1-2 weeks). Not sure if I can do anything with CSPA/Adjustment of status as I'm in the USA on non-immigration status.

Anyone can help?
 

SusieQQQ

Well-Known Member
#63
I was checking for CSPA and based on a calculator, I am getting results as below,
View attachment 1111

I called NVC and they told me that I should receive a welcome letter in a couple of days (1-2 weeks). Not sure if I can do anything with CSPA/Adjustment of status as I'm in the USA on non-immigration status.

Anyone can help?
Your dates are entered wrong. The visa bulletin current date and visa availability date should be the same date, and are the date of the visa bulletin in which your priority date is listed as current. (You have one of these as earlier than your priority date which is impossible.) And you're obviously not 15 now or you wouldn't be worried about CSPA to start with.
Is the visa category F4? Are you chargeable to India? Where is the principal applicant interviewing?
 

dpy

New Member
#64
Your dates are entered wrong. The visa bulletin current date and visa availability date should be the same date, and are the date of the visa bulletin in which your priority date is listed as current. (You have one of these as earlier than your priority date which is impossible.) And you're obviously not 15 now or you wouldn't be worried about CSPA to start with.
Is the visa category F4? Are you chargeable to India? Where is the principal applicant interviewing?
Yes, Category is F4, the principal applicant is in India.

I am not sure what I did wrong on that, What should be visa bulletin current date? I was thinking one from Latest Visa bulletin which is 15AUG04

I'm using CSPA Calculator from immihelp Where I added DOB, Priority, Approval(Notice Date) from I-130.
 

SusieQQQ

Well-Known Member
#65
Yes, Category is F4, the principal applicant is in India.

I am not sure what I did wrong on that, What should be visa bulletin current date? I was thinking one from Latest Visa bulletin which is 15AUG04

I'm using CSPA Calculator from immihelp Where I added DOB, Priority, Approval(Notice Date) from I-130.
Yes, but it is the date of the actual visa bulletin that your priority date will be current in (not the date listed in the table) - so for the latest bulletin the VB current date is June 2019. (It is always taken as the first of the month for the VB so for the calculator purpose it would be 06/01/2019)

Now - your priority date needs to be current in table A (as the principal applicant is in India and has to be approved first) for the actual VB available date; India for F4 as you can see is only current to 15 Aug 04. You need that listed date to match your priority date for your case to be current and a visa number to be available. If we assume (for illustrative purposes only! you won't know this date until it actually gets published) that the priority date moves one month for every actual month, then the visa bulletin current/available date for your priority date of 03/23/2005 will be in 8 months' time, so say the visa bulletin for January 2020. If that ends up being the case, your CSPA age will be 21 years and 5 months and you will have aged out. Another way to use the calculator is to see when your CSPA age reaches 21 (remember you have to be under 21 CSPA age to benefit). Looked at this way, your priority date needs to be current by July (that is, in the next published visa bulletin) of this year for you to remain protected by CSPA.
 

dpy

New Member
#66
Yes, but it is the date of the actual visa bulletin that your priority date will be current in (not the date listed in the table) - so for the latest bulletin the VB current date is June 2019. (It is always taken as the first of the month for the VB so for the calculator purpose it would be 06/01/2019)

Now - your priority date needs to be current in table A (as the principal applicant is in India and has to be approved first) for the actual VB available date; India for F4 as you can see is only current to 15 Aug 04. You need that listed date to match your priority date for your case to be current and a visa number to be available. If we assume (for illustrative purposes only! you won't know this date until it actually gets published) that the priority date moves one month for every actual month, then the visa bulletin current/available date for your priority date of 03/23/2005 will be in 8 months' time, so say the visa bulletin for January 2020. If that ends up being the case, your CSPA age will be 21 years and 5 months and you will have aged out. Another way to use the calculator is to see when your CSPA age reaches 21 (remember you have to be under 21 CSPA age to benefit). Looked at this way, your priority date needs to be current by July (that is, in the next published visa bulletin) of this year for you to remain protected by CSPA.
Oh, I see. Thank you for an explanation, In that case, I can see CSPA age right now is (20 Years,10 Months,27 Days). and for that, I will be aged out when my pd will get current. Is there anything I can do now to frozen/locked age/Sought to Acquire? I am not 100% sure on those terms.
 

SusieQQQ

Well-Known Member
#67
Oh, I see. Thank you for an explanation, In that case, I can see CSPA age right now is (20 Years,10 Months,27 Days). and for that, I will be aged out when my pd will get current. Is there anything I can do now to frozen/locked age/Sought to Acquire? I am not 100% sure on those terms.
You can't do anything for any of those until you have a visa available (that is, your priority date is current). Sorry. From USCIS:

Sought to Acquire Requirement
In order to benefit from CSPA as a family preference (including VAWA), employment-based preference, or DV applicant, you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you. This is referred to as the “sought to acquire” requirement.

https://www.uscis.gov/greencard/child-status-protection-act

Once your parent gets a green card, s/he can petition for you as F2B unmarried son/daughter over 21 of a LPR. This does have about a 6-year wait, however, and you would have to remain unmarried at least until you got the visa or your parent naturalized to preserve the petition.

What is your current status in the US?
 

dpy

New Member
#68
You can't do anything for any of those until you have a visa available (that is, your priority date is current). Sorry. From USCIS:

Sought to Acquire Requirement
In order to benefit from CSPA as a family preference (including VAWA), employment-based preference, or DV applicant, you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you. This is referred to as the “sought to acquire” requirement.

Once your parent gets a green card, s/he can petition for you as F2B unmarried son/daughter over 21 of a LPR. This does have about a 6-year wait, however, and you would have to remain unmarried at least until you got the visa or your parent naturalized to preserve the petition.

What is your current status in the US?
Ahh okay, I am on H1B status (Completed Masters, was on F1 before).
 
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SusieQQQ

Well-Known Member
#71
Yes, I’m planning to file I-140 this year, not sure how I can adjust or how that can be beneficial with F4? Any link to reference?

Thank you for your all help!
No, it's not got anything to do with F4, I was saying you are lucky you have another option because (absent a massive jump in PDs in the next visa bulleton) you will age out and be ineligible for that. Most other derivatives who age out just get left at home until their parents can in turn sponsor them.
 

dpy

New Member
#72
No, it's not got anything to do with F4, I was saying you are lucky you have another option because (absent a massive jump in PDs in the next visa bulleton) you will age out and be ineligible for that. Most other derivatives who age out just get left at home until their parents can in turn sponsor them.
Oh yeah, understood! Appreciate your quick response!
 

1AurCitizen

Registered Users (C)
#73
Yes, I’m planning to file I-140 this year, not sure how I can adjust or how that can be beneficial with F4? Any link to reference?

Thank you for your all help!
You don't file an i140, an employer does, if they seek to retain an employee permanently. I won't get into the hanky panky that goes on behind the scenes to get an employer (incl many desi consultancies) to file the i140.

Significant wait time for India EB 1-2-3 categories.
 

dpy

New Member
#74
You don't file an i140, an employer does, if they seek to retain an employee permanently. I won't get into the hanky panky that goes on behind the scenes to get an employer (incl many desi consultancies) to file the i140.

Significant wait time for India EB 1-2-3 categories.
That's correct! and Appreciated @1AurCitizen . I was also checking today for AOS, as I heard that I can file AOS when a date gets into the 2nd chart, but as I'm not principle applicant so does that mean, I can file AOS after adding my name into a file? If yes, then when I can add my name? after getting a welcome letter? as I will be age out soon so I am not sure if that's an option?
 

SusieQQQ

Well-Known Member
#75
That's correct! and Appreciated @1AurCitizen . I was also checking today for AOS, as I heard that I can file AOS when a date gets into the 2nd chart, but as I'm not principle applicant so does that mean, I can file AOS after adding my name into a file? If yes, then when I can add my name? after getting a welcome letter? as I will be age out soon so I am not sure if that's an option?
The principal has to be approved before any derivative can get a visa. That was why I specifically asked if the principal was in India and said the following earlier:

...
Now - your priority date needs to be current in table A (as the principal applicant is in India and has to be approved first) ....

Unfortunately for you, the July visa bulletin has only moved to 22 Aug 2004, so you will age out.
 

dpy

New Member
#76
The principal has to be approved before any derivative can get a visa. That was why I specifically asked if the principal was in India and said the following earlier:




Unfortunately for you, the July visa bulletin has only moved to 22 Aug 2004, so you will age out.
Now that make sense!
 
#77
NOTED, sorry i was just got carried away, by the fact that NVC already know people are automatically aged out based on the birth certificates submitted during the time of petition filing, yet still they are able to pay 325$ and process IV application, giving false hopes to applicant's child derivative where in they know the waiting time for F4 based petitions in the philippines is 22 to 24 years.. Kinda unfair, supposedly most of the child derivatives in that category would aged out even given the cspa calculations..
Same exact thing happened to us. My family is under F3 category. There are 4 of us derivative beneficiaries. Sort of doubtful at first since 3 of us have already aged out upon the priority date becoming current but we still trusted the whole processing thing because they still had us pay the $325 fee. All of that work just put into waste.
 
#78
I am in similar situation. my Parents F4 interview is scheduled July2, 2019 (Priority 18 AUG 2004) my CSPA age is 21 years 7 months . but we filled DS-260 and paid fees, i am called for interview. which is scheduled in Mumbai embassy (INDIA) i currently on OPT-CAP GAP in states and my H1b has approved for emploment from oct 1. I am really concerned should i go to the visa interview ? and put my re-entry on CAP GAP at risk ( my employer wont give me leave till oct 1), please advice. if i am not eligible why do have they even called my for interview, this is so bizarre . please help as it is very time sensitive
For those of you that asked my nationality, I'm Iranian. I am also in the exact same spot! I was on F1 visa, finished masters, got approved this year for H1B starting Oct 1 and have a green card interview in Turkey scheduled in July for F4 category. (Already aged out CSPA)

I emailed the embassy to relocate my interview location possibly to inside US. If not, I don't think I'd risk it to leave the U.S in this situation and my job won't even let me be out of the country for that long...

Did any of you that were aged out of CSPA go to the interview? I'd really appreciate if you give us some updates...

Thanks,
 
#80
Well, hello I am going to comment on the F4 Category. My Mother in 2005 started her 3 brothers and 1 sisters petition, they had minors children in those days. There Case got accepted on 2009 and just in December 2018 they got the approval to start processing. So with all the processing and all when I logged in to the CEAC because I was the one that did all the process the first thing I noticed is that all children's that were minors back in 2005 were included and had the option of paying the $325 and it let me fill it the DS-260 and all paperwork. The point is I did the process for everyone I am talking about here 4 families husbands and wife's with 6 derivatives which are now between 23 and 34 years old and which the NVC included. Well, to not make this story longer the first family went to the interview in the Dominican Republic Consulate this was June 25th 2019 my mother even traveled there to go with the first group. Well, out of the 3 kids one daughter and 2 sons only 1 got approved because he was 23 and a few months because supposedly the others 2 were age out with the CSPA calculation there current age is 27 and 28. So they were sent to sit outside and were not allowed to participate in the interview at all. My mother's brother and his wife were also approved but the consul gave my mom a hard time with her last name because she signs her divorced last name which is my father's and she said that a birth certificate was not enough to show she was my uncles sibling. She made the interview a very hard process, so she requested proof of any documents showing when she acquired her current last name which my mom seeked lawyer over there and said it's the divorce and marriage certificate that she needs to sent them an to not even try to change her current last name because it will make everything harder and that if this proof ain't enough for they to order a DNA test. But my question is why doesn't NVC ask for this proof when doing all this process is like they are making the process harder than It is and not only that the 14 years they had to wait for this day to come for this women consul to be looking for excuses and being judgemental. My mom also asked the consul why do they include the kids now grownups in the process and make them spent all that money without even having it, to come out and say they don't qualify no longer. The consul didnt even answer but she didnt like the questions at all and I think this is the reason she was giving my mother a harder time:confused:.
And I understand like someone else said in another post there are a lot of cases but hey my uncles had more kids older ones and they just included the supposed children which we all thought it was like they qualified because they were asking for the fees to be paid, but I guess they are just stealing people's sacrifices and dreams. The day my mother went to see the lawyer she asked this same question and he said that before it was up to the consulate to approve the kids even if they were already passed the age but that now Trump has a zero tolerance mandate which makes them stick to the rules and not approve them if they are aged out. Which I guess maybe is true cause I've seen cases of people go and get approved even if 26 o older. But hey what can we do, I just wished they would refund that money for these poor people that pay thinking they qualify and unfortunately they don't:(. We will just wait and see my other family is scheduled to appear in the following weeks maybe some of my other cousins run with luck because hey who knows maybe they still consider.✌:)
 
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