F4 how to calculate cspa

[Leidy]

Hello I was reading some post related with @SusieQQQ and I would like your opinion

My aunt filled a petition for my father and the priority date was May 17 2007, I was 11 years old, I was born on aug 12/1995, we received the 6 steps on nov 2019 and the 6 steps were approved on Oct 22,2020, we just received the interview appointment and I was not included we were waiting 3 years for the interview, does the cspa include me. ??

 

[newacct]

What was the I-130 approval date?

 

[Leidy]

I don’t have the specific date but I know it was on august 2010 but I do not have the specific day

 

[SusieQQQ]

For cspa the date that counts is when the priority date becomes current, not the interview date
if the age is very close then the exact date in August 2010 would matter but we can work on that given other factors as it is not actually close
approval date - priority date is approximately 3 years 3 months so that is the age protection you get under cspa. Your actual age less this protection on the date your petition became current is your ”cspa age”, and this calculated age has to be under 21 for you to qualify.
if your aunt filed for your father then this is an F4 sibling petition. That priority date - assuming you are not from india or Philippines - for F4 was only current in January 2024. So as of 1 Jan, your actual age would need to be no more than (21 plus 3 years 3 months =) 24 years 3 months for you to qualify. Your date of birth puts you however at 28 years old, which means you have unfortunately aged out.