F4 how to calculate cspa

Leidy

New Member
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. ??
 
I don’t have the specific date but I know it was on august 2010 but I do not have the specific day
 
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.
 
Help out please, my uncle applied for our immigration on 16 july 2007, I was 8 years old we got our letters in dec 2019, our DQ date was 26 may 2020. Now, few days ago we received our interview letter and I had my name on it but when I went for medical they refuse to take it saying I’m overage. Can I apply for cspa?? I’m unmarried.
 
Help out please, my uncle applied for our immigration on 16 july 2007, I was 8 years old we got our letters in dec 2019, our DQ date was 26 may 2020. Now, few days ago we received our interview letter and I had my name on it but when I went for medical they refuse to take it saying I’m overage. Can I apply for cspa?? I’m unmarried.
you don’t “apply” for CSPA, the consular officer determines if it is applicable or not if you go for an interview. I’ve never heard of a doctor refusing to do a medical based on age…

your data is not exactly clear and not enough to calculate if you are eligible for CSPA. When is your actual birth date? Is 16 July 2007 priority date? When was the approval date of the petition- your uncle will have this - this is the important date, not the date you received a letter to progress the case or got DQ.
 
you don’t “apply” for CSPA, the consular officer determines if it is applicable or not if you go for an interview. I’ve never heard of a doctor refusing to do a medical based on age…

your data is not exactly clear and not enough to calculate if you are eligible for CSPA. When is your actual birth date? Is 16 July 2007 priority date? When was the approval date of the petition- your uncle will have this - this is the important date, not the date you received a letter to progress the case or got DQ.
My DOB is 1june 1999. When I was 8 years old (16 july 2007) he applied for our immigration and from that time I received 1 letter only in Devc 2019
 
Please tell me how can I know my approval date? My priority date is 16 July 2007. But I don’t know my approval date.
My DOB is 1june 1999.
 
Please tell me how can I know my approval date? My priority date is 16 July 2007. But I don’t know my approval date.
My DOB is 1june 1999.
Like I said, your uncle will have this. It’s not sent to you, it’s sent to him as the petitioner. Ask him what is the date of the I797, notice of approval, that he received from USCIS. this is the critical part of the calculation- no way of knowing whether you are eligible without this. We can work it backwards though -if your approval date was earlier than 17 June 2011, you won’t be eligible.
 
Like I said, your uncle will have this. It’s not sent to you, it’s sent to him as the petitioner. Ask him what is the date of the I797, notice of approval, that he received from USCIS. this is the critical part of the calculation- no way of knowing whether you are eligible without this. We can work it backwards though -if your approval date was earlier than 17 June 2011, you won’t be eligible.
Hi @SusieQQQ . I've read many of your comments regarding cases of aged out children and CSPA. I'm hoping you are able to give me some guidance too.
My family and I recently just received email for our interview date which will be conducted by the end of August. All of our names are on the interview list but I've only now realized that children have the possibility to age out during the process (also just learn about CSPA as my mum and my aunt are the ones handling the case in the past few years). I've read many posts and I think I might be one of them.

My DOB is 20 Sep 2000.
PD is 23 July 2007.
I'm currently still waiting for my mum/aunt to send me the precise approval date but as of now they say they remember it was on 2010.
Payment Processed Date for all the fees is on 10 Mar 2021.
According to CEAC, DS-260 was completed on 21 Mar 2021.
DQ is on 26 Nov 2022.
Interview letter came on 28 June 2024.
Interview date is 27 Aug 2024.

I need help with Visa Bulletin as I'm having a hard time understanding how it works.

Country: Malaysia
Category: F4 (F41-Aunt in the US petitioned for us)
 
Hi @SusieQQQ . I've read many of your comments regarding cases of aged out children and CSPA. I'm hoping you are able to give me some guidance too.
My family and I recently just received email for our interview date which will be conducted by the end of August. All of our names are on the interview list but I've only now realized that children have the possibility to age out during the process (also just learn about CSPA as my mum and my aunt are the ones handling the case in the past few years). I've read many posts and I think I might be one of them.

My DOB is 20 Sep 2000.
PD is 23 July 2007.
I'm currently still waiting for my mum/aunt to send me the precise approval date but as of now they say they remember it was on 2010.
Payment Processed Date for all the fees is on 10 Mar 2021.
According to CEAC, DS-260 was completed on 21 Mar 2021.
DQ is on 26 Nov 2022.
Interview letter came on 28 June 2024.
Interview date is 27 Aug 2024.

I need help with Visa Bulletin as I'm having a hard time understanding how it works.

Country: Malaysia
Category: F4 (F41-Aunt in the US petitioned for us)
There are only 3 dates that matter: birth date, priority date, approval date.
priority date of 23 July 2007 means that the case is eligible for visa as of July 2024 (table A in the visa bulletin)
the exact approval date in 2010 matters a lot, because that’s the year that your CSPA age reaches 21. If approval was 4 May 2010 or earlier, then you have aged out. If it was 5 May onwards, you are protected.
 
There are only 3 dates that matter: birth date, priority date, approval date.
priority date of 23 July 2007 means that the case is eligible for visa as of July 2024 (table A in the visa bulletin)
the exact approval date in 2010 matters a lot, because that’s the year that your CSPA age reaches 21. If approval was 4 May 2010 or earlier, then you have aged out. If it was 5 May onwards, you are protected.
I understand. Thank you so much for the reply!
 
Hi @SusieQQQ Hope you are well. I am asking about your guidance in an urgent matter. Kindly reply as soon as possible Please !!!! @SusieQQQ
My uncle applied for f4 visa category USA for my mom on 30JUL2007. Our Interview letter email came recently on 11 july 2024. Interview is scheduled in August. BUT MY NAME IS MISSING FROM INTERVIEW LETTER. I am 27 years old. Is it because of age or something else. if CSPA applies on me according to policy update of USCIS on 14FEB2023.
Date of Birth: 19 DEC 1996
Priority Date: 30 JUL 2007
Aproval Date: 19 APR 2010
Case became current in chart B: JUNE 2020
Case beacame current in chart A: JULY 2024
 

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Hi @SusieQQQ Hope you are well. I am asking about your guidance in an urgent matter. Kindly reply as soon as possible Please !!!! @SusieQQQ
My uncle applied for f4 visa category USA for my mom on 30JUL2007. Our Interview letter email came recently on 11 july 2024. Interview is scheduled in August. BUT MY NAME IS MISSING FROM INTERVIEW LETTER. I am 27 years old. Is it because of age or something else. if CSPA applies on me according to policy update of USCIS on 14FEB2023.
Date of Birth: 19 DEC 1996
Priority Date: 30 JUL 2007
Aproval Date: 19 APR 2010
Case became current in chart B: JUNE 2020
Case beacame current in chart A: JULY 2024
Unfortunately, you have aged out. The relevant current date for the case is chart A, so July 2024. My understanding of the memo you refer to is that Chart B is only relevant as a current date for applicants filing adjustment of status (you haven’t been specific but I am assuming you are doing consular processing). You only had a little under 2 years 9 months age protection, so would have had to be a little under 23 years 9 months old as at July to qualify for CSPA. On the positive side, once your parents have their green cards, they can sponsor you for a green card under the F2B category (but note that you’ll need to remain unmarried, at least until they become citizens, to remain eligible in this category).
 
Hi @SusieQQQ Hope you are well. I am asking about your guidance in an urgent matter. Kindly reply as soon as possible Please !!!!
My uncle applied for f4 visa category USA for my mom on 30JUL2007. Our Interview letter email came recently on 11 july 2024. Interview is scheduled in August. BUT MY NAME IS MISSING FROM INTERVIEW LETTER. I am 27 years old. Is it because of age or something else. if CSPA applies on me according to policy update of USCIS on 14FEB2023.
Date of Birth: 19 DEC 1996
Priority Date: 30 JUL 2007
Aproval Date: 19 APR 2010
Case became current in chart B: JUNE 2020
Unfortunately, you have aged out. The relevant current date for the case is chart A, so July 2024. My understanding of the memo you refer to is that Chart B is only relevant as a current date for applicants filing adjustment of status (you haven’t been specific but I am assuming you are doing consular processing). You only had a little under 2 years 9 months age protection, so would have had to be a little under 23 years 9 months old as at July to qualify for CSPA. On the positive side, once your parents have their green cards, they can sponsor you for a green card under the F2B category (but note that you’ll need to remain unmarried, at least until they become citizens, to remain eligible in this category).

Can you take a complete look at this pdf document published by USCIS and tell me what is your understanding of this policy.
From my understanding it says that Under previous CSPA guidance, published in May 2018, USCIS only considered a visa available for CSPA age calculation based on the Final Action Dates chart. But When USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, and USCIS announces that prospective applicants may use the Dates for Filing chart when filing adjustment of status applications, then USCIS also uses the Dates for Filing chart when calculating the applicant’s CSPA age.
At this specific time USCIS is using Dates For Filing Chart in Visa Bulletin as applicants adjustment of status filing charts. So, that's why now Dates for filing charts will be used for cspa age calculation. which in my case is JUNE2020. So. if they use this date then will i be eligible or not ?????
 

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I’m assuming you are not doing adjustment of status?if you were you would have submitted your adjustment application back in 2020 and had green cards long ago, alternatively if you were doing AOS and waited longer than a year from visa available date to file you would have been ineligible for cspa anyway.
as I said in my first response, my understanding is that the policy only applies to adjustment of status, but perhaps you want to talk to an immigration lawyer to satisfy yourself of the correct answer.
 
I’m assuming you are not doing adjustment of status?if you were you would have submitted your adjustment application back in 2020 and had green cards long ago, alternatively if you were doing AOS and waited longer than a year from visa available date to file you would have been ineligible for cspa anyway.
yes we paid fees, submitted documents and filed DS-260 forms in late 2020 or start of 2021 i think. then everything was completed for all of us but now in interview letter my name is missing.
if we filed for DS-260 back in 2020 when case opened then assuming this new policy will i be eligible considering dates for filing charts for CSPA calculation ???
 
yes we paid fees, submitted documents and filed DS-260 forms in late 2020 or start of 2021 i think. then everything was completed for all of us but now in interview letter my name is missing.
if we filed for DS-260 back in 2020 when case opened then assuming this new policy will i be eligible considering dates for filing charts for CSPA calculation ???
I’m only going to ask this one more time: are you doing adjustment of status within the US (meaning you are already living here on another valid visa) or is your appointment at a consulate or embassy?
 
I’m only going to ask this one more time: are you doing adjustment of status within the US (meaning you are already living here on another valid visa) or is your appointment at a consulate or embassy?
Ooh i see. I'm sorry i didn't understand your question correctly then. I am from Pakistan. our appointment is at us embassy islamabad for F4 Family based visa category.
 
Ooh i see. I'm sorry i didn't understand your question correctly then. I am from Pakistan. our appointment is at us embassy islamabad for F4 Family based visa category.
The memo /manual you quoted is USCIS, and only applies to people doing adjustment of status inside the US. Visa interviews outside the US fall under the Department of State, where only final action dates are taken into account. From the manual DOS uses:

9 FAM 502.1-1(D)(4) Calculation of CSPA Age

Family and Employment Preference Cases: The “CSPA age” is determined on the date that the visa became available (i.e., the date on which the priority date became current in the Final Action Dates chart in the Visa Bulletin or the date on which the petition was approved, whichever came later).

 
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