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

DOB: 1995 May 30th
Priority Date : 2006 Nov 6th
Approved date : 2009 20th Nov
Nationality : Others
Am I aged out?

My date appeared on table " DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS" for July and August but not on "FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES".
Help me out.
Thanks in advance.
 

SusieQQQ

Well-Known Member
DOB: 1995 May 30th
Priority Date : 2006 Nov 6th
Approved date : 2009 20th Nov
Nationality : Others
Am I aged out?

My date appeared on table " DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS" for July and August but not on "FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES".
Help me out.
Thanks in advance.
Your current CSPA age is 21 years, 1 month. Your priority date needs to have been current in Table A (final action dates) before your CSPA age reaches 21 to be protected.
 
I am a derivate of a F3 family petition, a little background I am already in USA on a F1 student visa. My grandmother filled a petition for my mother and her sisters back in (25 November 2009 priority date) Under F3 married son and daughter category . The letter my mother received has a date of December 20, 2010 on the top. At that time I was 13 year old and now 23, well I am clearly aged out and over 21. My question is will I be covered under CSPA assuming that our case become current in 3 years and by that time I will be 25 or 26 year old. I am confused because some websites say I am covered and others says I am not because even after CSPA I will be over 21. Because of decision by supreme court back in 2014. Please provide me with some clarification. InkedInkednvc latter_LI.jpg
 
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SusieQQQ

Well-Known Member
I am a derivate of a F3 family petition, a little background I am already in USA on a F1 student visa. My grandmother filled a petition for my mother and her sisters back in (25 November 2009 priority date) Under F3 married son and daughter category . The letter my mother received has a date of December 20, 2010 on the top. At that time I was 13 year old and now 23, well I am clearly aged out and over 21. My question is will I be covered under CSPA assuming that our case become current in 3 years and by that time I will be 25 or 26 year old. I am confused because some websites say I am covered and others says I am not because even after CSPA I will be over 21. Because of decision by supreme court back in 2014. Please provide me with some
I’m assuming the letter above accompanied the approval notice. In that case you only have about 13 months’ of protection under CSPA. You don’t give your actual birthdate but if you are 23 now then with about 13 months protection under CSPA you have already aged out - your CSPA age is already over 21. It needs to be under 21 when your priority date becomes current to be protected/eligible for a derivative visa.
 
Your current CSPA age is 21 years, 1 month. Your priority date needs to have been current in Table A (final action dates) before your CSPA age reaches 21 to be protected.
So I'm entirely out? or is there any other way beacause I am the only one who will be left out from my family. Does hiring an immigration attorney can help me in this case?
Thanks a lot for the help.
 
I’m assuming the letter above accompanied the approval notice. In that case you only have about 13 months’ of protection under CSPA. You don’t give your actual birthdate but if you are 23 now then with about 13 months protection under CSPA you have already aged out - your CSPA age is already over 21. It needs to be under 21 when your priority date becomes current to be protected/eligible for a derivative visa.
Date of birth is march 31, 1996, so I can't get a green card as a derivative with my mum case. Wasn't CSPA suppose to automatically convert me to right category when I will age out. I talked with a lawyer he said yes it does covert, to make sure I posted here. I am not sure about the approval date, may be the top one...
 

SusieQQQ

Well-Known Member
Date of birth is march 31, 1996, so I can't get a green card as a derivative with my mum case. Wasn't CSPA suppose to automatically convert me to right category when I will age out. I talked with a lawyer he said yes it does covert, to make sure I posted here. I am not sure about the approval date, may be the top one...
CSPA is not indefinite protection and no it doesn’t automatically change your category to anything else. The only automatic changes for over 21 are from F2A to F2B, when a child under 21 of an LPR ages out of F2A into F2B, or when a LPR naturalizes and the over-21 child moves from F2B to F1. Neither of these is because of CSPA btw. There is no automatic move for a derivative of F3 or F4. Your alternative will be for your parents when they get their green cards, to sponsor you under F2B.

Not sure what your lawyer meant or if he understood your case. You can refer to the official explanation here, under the section for family based etc visas. https://www.uscis.gov/greencard/child-status-protection-act
 

SusieQQQ

Well-Known Member
So I'm entirely out? or is there any other way beacause I am the only one who will be left out from my family. Does hiring an immigration attorney can help me in this case?
Thanks a lot for the help.
No, an attorney can not change the law. As in the post above, your parent can petition you under F2B once they get their own green cards.
 
Hi there. I have a question. My father was petitioned by my uncle. We are already in the process of completing the information in the DS-260. In the "Present Work/Education/Training Information", when i'm about to put my Primary Occupation, there is no NEXT BUTTON>PREVIOUS, but then only NEXT BUTTON>ADDITIONAL. But in my father, mother and my brother, when i filled up their Primary Occupation, there is NEXT BUTTON>PREVIOUS. How come it happened? I am the only one who do not have PREVIOUS WORK/EDUCATION/TRAINING page. What will I do? Please help me.
 
My uncle filed a petition on behalf of my mother in 2006. I legally changed my D.O.B to a year later. All my legal documents, as well as my educational ones, have the new D.O.B.
Now in Sep 2019, my priority date has become current in "Date for Filling Visa Application". As I have to resubmit my documents there will be a conflict between the previous D.O.B and the current one.
So what can be done?
 

SusieQQQ

Well-Known Member
My uncle filed a petition on behalf of my mother in 2006. I legally changed my D.O.B to a year later. All my legal documents, as well as my educational ones, have the new D.O.B.
Now in Sep 2019, my priority date has become current in "Date for Filling Visa Application". As I have to resubmit my documents there will be a conflict between the previous D.O.B and the current one.
So what can be done?
What do you mean, you legally changed your date of birth? To avoid aging out? Or why? When was the change made?
 
Thank you for posting this. My mother filed form I130 for my sister, her husband and kids, 11 years ago (We are from Honduras) We received letter of approval almost 3 years after I 130 was filed. No visas were available so the wait has been long but we finally got a letter of visa availability 2 days ago. Of her 6 derivate sons, only 2 are included on the website, the 2 younger ones 21 and 22 years old. We are heartbroken that the others are ineligible for a green card :(
 
What do you mean, you legally changed your date of birth? To avoid aging out? Or why? When was the change made?
I changed my D.OB. when I was 13years old i.e. 10 years ago and my citizenship document has the new date of birth.
And Is it possible to change D.O.B. to avoid aging out? It might come handy to my sister who is about to age out.
 
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SusieQQQ

Well-Known Member
I changed my D.OB. when I was 13years old i.e. 10 years ago and my citizenship document has the new date of birth.
And Is it possible to change D.O.B. to avoid aging out? It might come handy to my sister who is about to age out.
Um, no , falsifying information to get an immigration benefit is immigration fraud and can get you a lifetime ban from the US. That’s why I was checking.

As for the change in date you did - I presume you have some sort of documented verifiable reason for doing so. You will presumably be asked to explain the discrepancy in dates.

When was your petition approved?
 
Um, no, falsifying information to get an immigration benefit is immigration fraud and can get you a lifetime ban from the US. That’s why I was checking.

As for the change in date you did - I presume you have some sort of documented verifiable reason for doing so. You will presumably be asked to explain the discrepancy in dates.

When was your petition approved?
Thanks mate you've helped so much.
The thing is in our country we have a tendency of changing our age by a year or two, I don't know why, maybe to feel younger :p. It's quite normal to do so and many people do it.
In that case, what documents can I show to explain the disparity in age?

The petition was approved on Sep 2009 and date was changed on 2010.
 

1AurCitizen

Registered Users (C)
And Is it possible to change D.O.B. to avoid aging out? It might come handy to my sister who is about to age out.
Thanks mate you've helped so much.
The thing is in our country we have a tendency of changing our age by a year or two, I don't know why, maybe to feel younger :p. It's quite normal to do so and many people do it.
Really? What country is this, where falsifying DoB is considered "normal'?
 

SusieQQQ

Well-Known Member
Thanks mate you've helped so much.
The thing is in our country we have a tendency of changing our age by a year or two, I don't know why, maybe to feel younger :p. It's quite normal to do so and many people do it.
In that case, what documents can I show to explain the disparity in age?

The petition was approved on Sep 2009 and date was changed on 2010.
I don’t know why you’re asking me what documents to show, I assumed you had something substantial with which you applied to change the date. Are you telling me you can just arbitrarily ask the authorities to change dates and they do? If that’s the case then the embassy might indeed be suspicious of motivation. May I ask what country this is, to check if the official US guidelines mention anything about this?
 
I want to ask if there is a possibility that the nephews who was born on Feb 08, 96, Feb 07, 93 Feb 13, 91 and May 01, 89 still have a chance under CSPA
My mom (US citizen) filed for my sister under category f3 Married daughter, along with derivate children. All under 21 when application was filed
Priority date Oct 9, 2007
We received approval letter on april 9th, 2010
Mom just got letter for Immigrant Visa Case Creation dated Aug. 13th, 2019
we are from Honduras
 

SusieQQQ

Well-Known Member
I want to ask if there is a possibility that the nephews who was born on Feb 08, 96, Feb 07, 93 Feb 13, 91 and May 01, 89 still have a chance under CSPA
My mom (US citizen) filed for my sister under category f3 Married daughter, along with derivate children. All under 21 when application was filed
Priority date Oct 9, 2007
We received approval letter on april 9th, 2010
Mom just got letter for Immigrant Visa Case Creation dated Aug. 13th, 2019
we are from Honduras
On my calculation, the youngest child there (the 1996 born one) has a current CSPA age of 20 years, 6 months and 29 days, leaving 5 months to go before he or she will age out. The current priority date is for 1 Sep 2007 for F3 so it seems there is a good chance the case will be current before that child ages out. The others have aged out already.
 
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