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

SusieQQQ

Well-Known Member
Please anyone help
My grandmother petitioned for my mother for F3 visa on 4 FEB 2008 and my mother received aprroved letter on 3 OCT 2019
my birthday date is: 21 DEC 1988
Am I still eligible for CSPA and can immigrate with my mother or how many years should I wait???
Approval letter is not the one you think, it is an I797 notice that says “approval notice” . See this link https://images.app.goo.gl/q7Xv6AdJC9xt1bPp7 for an example. The date on that is needed to properly calculate CSPA. (However - that said, if you were already over 19 when the petition was filed, it is unlikely that you will still be under 21 on a CSPA basis now, if approval was in any kind of normal timeframe. )
 
I mean her case became current on Oct 2019 and she is now in nvc process.
I can't find my name in paying the fees page but from IV Application section I found my name listed as child but pay fees option not activated.
I hope that you understand my explanation because I'm still confused If I'm still eligible and Should I add my name as applicant and waiting for nvc to review it so that I am able to pay fees and fill application or what...
 

SusieQQQ

Well-Known Member
I mean her case became current on Oct 2019 and she is now in nvc process.
I can't find my name in paying the fees page but from IV Application section I found my name listed as child but pay fees option not activated.
I hope that you understand my explanation because I'm still confused If I'm still eligible and Should I add my name as applicant and waiting for nvc to review it so that I am able to pay fees and fill application or what...
No-one can tell you the answer without the date on the i797 approval notice.
 
Ok thanks for help and here is the paper we received in F3 visa category mother applied for her daughter and minor child as attached
I-797C
Priority date: Feb 21 2008
Receipt date: Feb 27 2008
Notice date: Apr 29 2008
the child on these dates was under 20 years old
----------------------
On Oct 03 2019 we received
Notice of immigrant visa creation letter
the child on this date became over 30 years old
in this case is the child still eligible for CSPA and can apply for green card with mother.
or the mother will apply for him for a new immigration visa after she received her green card?
 

Attachments

SusieQQQ

Well-Known Member
Ok thanks for help and here is the paper we received in F3 visa category mother applied for her daughter and minor child as attached
I-797C
Priority date: Feb 21 2008
Receipt date: Feb 27 2008
Notice date: Apr 29 2008
the child on these dates was under 20 years old
----------------------
On Oct 03 2019 we received
Notice of immigrant visa creation letter
the child on this date became over 30 years old
in this case is the child still eligible for CSPA and can apply for green card with mother.
or the mother will apply for him for a new immigration visa after she received her green card?
I’m not sure if it’s my mobile but it seems you’ve cut off the part of the i797 that shows what type of notice it is.

Anyway in simple terms the difference in dates between your priority date and approval date is the amount of time you get as CSPA protection.
Your CSPA age needs to be under 21 when your priority date is current to get protected.
As you are over 30, you’d need around 9 years of protection under CSPA to be eligible for a visa.
So even without the actual dates it seems highly unlikely to me that you will be covered under CSPA.
It seems to me your only option is going to be for your parents to sponsor you via F2B after they get their green cards. That will take another 5-7 years, and you will need to remain unmarried.

Btw case creation date of Oct 2019 is immaterial. The important dates are priority date, approval date, date of visa bulletin when priority date is current.
 
thats the rest of I797 notice sorry the file size is large so I had to cut off the other part
really I don't understand visa bulletin because there is two sections so I'm not sure if priority date is current as November 2019 Visa bulletin shows the following
A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

F3 15OCT07

B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

F3 15APR08
 

Attachments

SusieQQQ

Well-Known Member
thats the rest of I797 notice sorry the file size is large so I had to cut off the other part
really I don't understand visa bulletin because there is two sections so I'm not sure if priority date is current as November 2019 Visa bulletin shows the following
A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

F3 15OCT07

B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

F3 15APR08
Ok, yes, that’s the approval notice. Table A is the relevant table, but I’m sorry unfortunately it makes no difference for you, you aged out long ago and cannot be given a visa as a derivative on this petition.
 
I have another question if you could help me...
In form I-864 Affidavit of Support If the sponsor receives SSI. What should I choose in Part 6 Employment and Income
Unemployed or leave all the options unmarked.
Also (my current individual annual income) should I write SSI as annual income or leave it blank?
Knowing that the sponsor has not worked before.
 

Attachments

SusieQQQ

Well-Known Member
I have another question if you could help me...
In form I-864 Affidavit of Support If the sponsor receives SSI. What should I choose in Part 6 Employment and Income
Unemployed or leave all the options unmarked.
Also (my current individual annual income) should I write SSI as annual income or leave it blank?
Knowing that the sponsor has not worked before.
You already asked and had this answered on another thread. Please don’t spam the forum, especially in an unrelated thread.
 
Hi, my family have received their invoice but I didn't because I am over 21, however I believe that CSPA applies to my case, What should I do now?, and how can I contact NVC to send my invoice??
 

SusieQQQ

Well-Known Member
Hi, my family have received their invoice but I didn't because I am over 21, however I believe that CSPA applies to my case, What should I do now?, and how can I contact NVC to send my invoice??
We have seen a number of incorrect CSPA calculations on the forums, would you like us to double check CSPA for you?

You can call them at (603) 334-0700
 
Is there any law that protects nvc delays, an application was dilled in 2009, got approved in 2011 but the visa became available in 2017, like at time of approval child was below 21 but due to nvc visa backlogs she becomes over age.

Can anybody help?
 

SusieQQQ

Well-Known Member
Is there any law that protects nvc delays, an application was dilled in 2009, got approved in 2011 but the visa became available in 2017, like at time of approval child was below 21 but due to nvc visa backlogs she becomes over age.

Can anybody help?
The delay that is protected against (by CSPA) is the delay between priority date and approval - that is the one that is caused by any delay/backlog at NVC. The remainder is not a backlog or any “fault” of NVC, but is just waiting for your priority date to become current, and that part is not protected by CSPA. So no, there is no protection from 2011 until your priority date became current, but there is from 2009 till 2011 in your case.
 
Hello. I was here a few months ago with a question about aging out of process. My sister, her husband and 2 out of her six children have been approved for their visas. Currently filing paperwork!

Today I need help for my aunt. My other aunt applied for her so she is Category 4.
Receip of application 4/12/01
Priority date 3/20/2001
Approved 6/9/2005
Am I correct when I tell her her visa was processing December 2012 and that she missed her chance?
She is from Honduras
Please advice.
Thanks,
Olga
 

SusieQQQ

Well-Known Member
Hello. I was here a few months ago with a question about aging out of process. My sister, her husband and 2 out of her six children have been approved for their visas. Currently filing paperwork!

Today I need help for my aunt. My other aunt applied for her so she is Category 4.
Receip of application 4/12/01
Priority date 3/20/2001
Approved 6/9/2005
Am I correct when I tell her her visa was processing December 2012 and that she missed her chance?
She is from Honduras
Please advice.
Thanks,
Olga
Hmm, yes, unfortunately. Action needs to be taken within one year. I don’t believe a petition that has expired like this ca be acted on, but others may have more information on that. There are a number of notifications that get sent both when a petition is current and when it is about to lapse expired, did neither of your aunts receive anything, or was there a conscious decision not to pursue it?
 
Hmm, yes, unfortunately. Action needs to be taken within one year. I don’t believe a petition that has expired like this ca be acted on, but others may have more information on that. There are a number of notifications that get sent both when a petition is current and when it is about to lapse expired, did neither of your aunts receive anything, or was there a conscious decision not to pursue it?
Thank you for your reply.
No change of address was done and no one bothered to check case status, ever
It was not until I mentioned it that we started digging on it. I am afraid we are too late
 
Top