F4 CSPA rule

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komal80

New Member
CSPA rule- eligibility
Date of birth 04/02/2001
Priority date - 07/10/2006
Approval date - 01/29/2010
Welcome letter received in November 2024. Working on eith paper work for DQ.

As per November F4 bulletin chart B India my priority date is current. Am I able to go with my family at the same time as per CSPA rule.
Or chart A needs to follow. ( 04/08/2006-India)
Is there anyother way we can expedite our case?
Am I eligible or not?
Please advise.
Thank you
 
Yes, it has to be table A. You cannot expedite a case before the priority date is current.

On CSPA, assuming your dates are all correct, you have a little under 3 years 7 months protection and a current CSPA age of 20 years and a little over 2 months. So basically you need your priority date to be current within the next 9 months to be eligible. Note that you don’t need to have interviewed by then -it is calculated on the date in the bulletin and not the date of interview. Hopefully you will make it. Good luck !
 
Thank so much for you quick reply. So that means by this year November chart A needs to move atleast upto July 2006 for her to be eligible to come with parents.
Also one more thing currently she in USA currently on student visa. When IL will receive she is planning to go back.
Is that make any difference?
We are hoping for chart A will move and she can change her status from F1 to immigrant visa.

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komal80 said:
Thank so much for you quick reply. So that means by this year November chart A needs to move atleast upto July 2006 for her to be eligible to come with parents.
Also one more thing currently she in USA currently on student visa. When IL will receive she is planning to go back.
Is that make any difference?
We are hoping for chart A will move and she can change her status from F1 to immigrant visa.

Hide quoted text
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No, won’t make a difference - better for her to go back and interview with the family than try adjust status later in my opinion (will be much faster).
 
Hello,
Chart A is no moving at all. If chart A won't be available within one year and if she turns 21 years old (CSPA rule) when and how should we file for adjustment of status. In that case she can get immigration visa. She is currently in USA on student visa.
 
komal80 said:
Hello,
Chart A is no moving at all. If chart A won't be available within one year and if she turns 21 years old (CSPA rule) when and how should we file for adjustment of status. In that case she can get immigration visa. She is currently in USA on student visa.
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For adjustment of status you can ofren use chart B - you need to check each month. See this note in the visa bulletin just above table B:

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.

the link takes you to this page, that says as below what I have highlighted in red - so those in family categories can use table B, dates for filing. Is she current in that table?


Current Month’s Adjustment of Status Filing Charts​

For Family-Sponsored Filings:
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for February 2025.

For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for February 2025.

Next Month’s Adjustment of Status Filing Charts​

For Family-Sponsored Filings:
For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for March 2025.

For Employment-Based Preference Filings:
For all employment-based preference categories, you must use the Final Action Dates chart in the Department of State Visa Bulletin for March 2025.
 
What is the benefits of adjustment of status. Can she enter in the country with her family on immigration visa? Or her catogory changes.
If visa bulletin don't move as expected by November 2025 then when should we file form I485? Before November?

If visa call comes in January 2026 for other family members then what is her chances to enter on immigration visa.
 
komal80 said:
What is the benefits of adjustment of status. Can she enter in the country with her family on immigration visa? Or her catogory changes.
If visa bulletin don't move as expected by November 2025 then when should we file form I485? Before November?

If visa call comes in January 2026 for other family members then what is her chances to enter on immigration visa.
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Adjustment of status is for people who are already legally in the US on a non immigrant visa. She can choose to go back home to interview with the family or do adjustment. However, it wasn’t clear to me when I answered your earlier question that the rest of the family was not in the US. As a derivative, she can’t file for adjustment until the principal has his/her green card, and it is usually much faster to interview with the family if they are still overseas than to file for adjustment.
 
SusieQQQ said:
Adjustment of status is for people who are already legally in the US on a non immigrant visa. She can choose to go back home to interview with the family or do adjustment. However, it wasn’t clear to me when I answered your earlier question that the rest of the family was not in the US. As a derivative, she can’t file for adjustment until the principal has his/her green card, and it is usually much faster to interview with the family if they are still overseas than to file for adjustment.
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Yes, rest if the family is still overseas and waiting for chart A to be current but only concern is if her name will remove when visa call comes, and she will be over 21. what's her quicker option to come with family on immigration visa.
 
komal80 said:
Yes, rest if the family is still overseas and waiting for chart A to be current but only concern is if her name will remove when visa call comes, and she will be over 21. what's her quicker option to come with family on immigration visa.
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It’s very disjointed to answer a thread once every couple of weeks. I already answered up thread what the quickest option is. If she ages out before the priority date is current there’s nothing you can do about that.
 
CSPA rule- eligibility
Date of birth 04/02/2001
Priority date - 07/07/2006
Approval date - 01/29/2010
DQ date 02/2025

As per July 2025 bulletin chart A become current. Is she eligible to get visa with rest of family. She has F1 student visa. How long does it take to interview to be schedule.
 
HI All, my brother petition has become current in Box B as his Priority Date is 07/06/2008 and here is the details for my Niece who study in Canada, will se be eligibility, as per the worksheet provided in social media she will be eligible, however please help me with your expertise, really appreciate you all, also for July bulletin will have current, then when I will be getting Welcome letter and how? Please help here
1749597025412.png
 
aryalsaroj said:
HI All, my brother petition has become current in Box B as his Priority Date is 07/06/2008 and here is the details for my Niece who study in Canada, will se be eligibility, as per the worksheet provided in social media she will be eligible, however please help me with your expertise, really appreciate you all, also for July bulletin will have current, then when I will be getting Welcome letter and how? Please help here
View attachment 6521
Click to expand...


Is the family residing in the US? If no and she’s studying in Canada she is not resident in the US, therefore she cannot do adjustment of status and Table B is not relevant to her CSPA calculation. (In other words, a visa is NOT available from July as you have stated it above.) Her priority date needs to be current in table A to calculate that. You will get the invitation to submit documents etc soon-ish I guess as they use table B for that, but you will not be scheduled for an interview (or be able to calculate CSPA accurately) until you see it in Table A. That said, she still has something like 1 year 10 months to go before she ages out, so she will probably be fine. (Assuming she is not from a travel ban country or the president doesn’t throw other spokes into the wheel)
What nationality is the family?
 
SusieQQQ said:
Is the family residing in the US? If no and she’s studying in Canada she is not resident in the US, therefore she cannot do adjustment of status and Table B is not relevant to her CSPA calculation. (In other words, a visa is NOT available from July as you have stated it above.) Her priority date needs to be current in table A to calculate that. You will get the invitation to submit documents etc soon-ish I guess as they use table B for that, but you will not be scheduled for an interview (or be able to calculate CSPA accurately) until you see it in Table A. That said, she still has something like 1 year 10 months to go before she ages out, so she will probably be fine. (Assuming she is not from a travel ban country or the president doesn’t throw other spokes into the wheel)
What nationality is the family?
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Thank you for reply on this, she is from Nepal, and Nepal is not in that ban category, and we are hopping the best for her and if she get in the application, we will ask her to go back home for interview,
Also, additional question on the same line, my brother2 got married recently and have two steps kid which he is taking care of, both are under 21, I havenot added them to the list and his PD is 08/14/2008 (Rest of the world), will I be able to add those with his application before NVC send the file to Embassy, please advise,
 
aryalsaroj said:
Thank you for reply on this, she is from Nepal, and Nepal is not in that ban category, and we are hopping the best for her and if she get in the application, we will ask her to go back home for interview,
Also, additional question on the same line, my brother2 got married recently and have two steps kid which he is taking care of, both are under 21, I havenot added them to the list and his PD is 08/14/2008 (Rest of the world), will I be able to add those with his application before NVC send the file to Embassy, please advise,
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Ok so, if they are resident in Nepal you need to wait until the priority date is current in table A.

regarding the second question, yes. When he gets the notification to submit documents he will have to fill in the stepchildren’s details in his DS260 (regardless whether or not they are immigrating), and if the children are immigrating with him then DS260s for each of them will be filed too. Everyone with a ds260 will be added to the interview list. Bear in mind if the children are under 18 they may need the other parent’s permission to emigrate.
 
Thank you so much for your reply, and appreciate you as always, I will keep you posted for all activity where I need your help, THANK YOU AGAIN,
 
Hi @SusieQQQ,
I have received welcome letter for my both brothers, I have query for both as below:
Brother 1- Priority Date 08/07/2008, I-130 approved on May 20th, 2010 (21 Months)
Scenario- Divorce and married two years back with a widow with two daughter, one is 15, and another 20 and half year, as of now, his previous wife is taken out and a daughter was age out, hence, his application in the CEAC site has only himself,
Question: will he be able to add all his current wife, both daughters in the application where he has already got the welcome letter and the account is being created? And what all possible documents are required?

Brother 2- Priority Date 07/06/2008, I-130 approved on April 19th, 2010 (21 Months)
Scenario- Brother, his first wife, Daughter (Stated above, study in Canada turning 21 next month) and daughter from second wife (10 Years) are added, Current CEAC site has 4, Brother will not be applying for both wives & I am removing from the site, (He got married 2nd before the multiple marriage was become illegal)
Question: Will there any issue can be arise for Daughter 2 from 2nd wife? and what document required if possible,

your help would really be appreciated,
 
aryalsaroj said:
Hi @SusieQQQ,
I have received welcome letter for my both brothers, I have query for both as below:
Brother 1- Priority Date 08/07/2008, I-130 approved on May 20th, 2010 (21 Months)
Scenario- Divorce and married two years back with a widow with two daughter, one is 15, and another 20 and half year, as of now, his previous wife is taken out and a daughter was age out, hence, his application in the CEAC site has only himself,
Question: will he be able to add all his current wife, both daughters in the application where he has already got the welcome letter and the account is being created? And what all possible documents are required?

Brother 2- Priority Date 07/06/2008, I-130 approved on April 19th, 2010 (21 Months)
Scenario- Brother, his first wife, Daughter (Stated above, study in Canada turning 21 next month) and daughter from second wife (10 Years) are added, Current CEAC site has 4, Brother will not be applying for both wives & I am removing from the site, (He got married 2nd before the multiple marriage was become illegal)
Question: Will there any issue can be arise for Daughter 2 from 2nd wife? and what document required if possible,

your help would really be appreciated,
Click to expand...
1. Yes, you should be able to add them on. In his ds260 he will add them and then they each need a ds260 too. Check the instructions but I believe the marriage certificate and birth certificates should be fine. He will also need the divorce certificate from prior marriage.

2. No problem for the daughter assuming that he is on the birth certificate as father. US does not care whether child is legitimated within marriage or not if he is clearly the father. The wife is trickier and I would actually suggest you contact a lawyer about this. By US law only one wife allowed - polygamy is against US public policy. I have read of some cases in the past where only the first wife is considered the legal wife and others where the person chooses which wife to bring (and has to divorce theothers). So it’s unclear to me what the expected route is. A lawyer with experience in this can probably best advise the path forward here.
 
SusieQQQ said:
1. Yes, you should be able to add them on. In his ds260 he will add them and then they each need a ds260 too. Check the instructions but I believe the marriage certificate and birth certificates should be fine. He will also need the divorce certificate from prior marriage.

2. No problem for the daughter assuming that he is on the birth certificate as father. US does not care whether child is legitimated within marriage or not if he is clearly the father. The wife is trickier and I would actually suggest you contact a lawyer about this. By US law only one wife allowed - polygamy is against US public policy. I have read of some cases in the past where only the first wife is considered the legal wife and others where the person chooses which wife to bring (and has to divorce theothers). So it’s unclear to me what the expected route is. A lawyer with experience in this can probably best advise the path forward here.
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Adding on here what I have found from DOS where it seems official policy is that only the first wife is considered the legal wife.

“In cases of polygamy, only the first spouse may qualify as a spouse for immigration” https://travel.state.gov/content/tr...ly-immigration/immigrant-visa-for-spouse.html
Again, a lawyer would advise best way to move forward on this.
 
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