HELP with CSPA in F4 category

A

AhsanMasood

New Member
Hi,
I'm a Pakistani national currently 26 years old. My uncle is US national, he filed visa petition for my dad back in 2006 which got accepted in 2007. In this petition my dad is the principle applicant and my mum, sister and me are accompanying him. After the acceptance we heard nothing for 14 years until January of this year (2019) when we received email to pay the fees which we did the very next day (Note: we paid fees for all four members). After that we submitted all the documents and DS260 (for all four members). Everything was going good until a month ago when all of sudden mine and my sister's name disappeared from the CEAC document submission section. The application status for mum and dad says completed however for me and sister it says not available.
Any idea what went wrong and will happen now?
Can you please tell me the reason for this?
Does that mean me and my sister wont get the visa?
I am attaching few screenshots with this email and please find the relative dates below.

My DOB: 03 Sep 1993
My sister's DOB: 28 July 1995
Priority date: 07 Dec 2006
Approval date: 07 Dec 2007

Looking forward to hearing from you.
Thanks in advance.
Ahsan.
 

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Answered in the other thread you posted in

But the CSPA calculation here is wrong - the visa bulletin current date is the date a visa is actually available(the month/year when the priority date is current)
 
Thank you so much for replying Susie. I have read your reply on other post as well.
Any idea where can I find the bulletin date.

Thanks and regards,
Ahsan
 
This is the table of Visa bulletin from June 2019 and our priority date is April 2006. So does that mean the bulletin current date is 01 June 2019?
 

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No, that month would be current for dates *before* 01 April 2006, so your case became current July 2019. You can enter 1 July 2019 as visa bulletin current date for CSPA calc.
 
Thanks for your prompt reply.
Unfortunately, in that case me and my sister we are both aged out.
But how come we still paid the fees and filled the DS-260? Does that mean there's still some chance that we might get the visa?
Moreover, I called USCIS and they asked if we paid the fees and filled the DS-260 and I told them that we did. So in response I was told that the final decision will be made at the consulate at the time of the interview. So do you thing there are still mild chances that we might get the visa?
Looking forward to hearing from you.

Thanks and regards,
Ahsan.
 
AhsanMasood said:
Thanks for your prompt reply.
Unfortunately, in that case me and my sister we are both aged out.
But how come we still paid the fees and filled the DS-260? Does that mean there's still some chance that we might get the visa?
Moreover, I called USCIS and they asked if we paid the fees and filled the DS-260 and I told them that we did. So in response I was told that the final decision will be made at the consulate at the time of the interview. So do you thing there are still mild chances that we might get the visa?
Looking forward to hearing from you.

Thanks and regards,
Ahsan.
Click to expand...

Unfortunately, no. There is no discretion to issue - if the CSPA age is 21 or over, you are not eligible for a derivative visa - but only a consular official can officially tell you that, hence the NVC response. Not sure why they don’t check the ages before asking fees to be paid.
 
Your parents can file F2B petitions for you and your sister once they have their green cards, though that will mean another 5-7 years of waiting, and you’ll have to remain unmarried.
 
Yes I am aware of that petition but waiting for another 5-7 years is almost out of question lol. l should start considering other options now.
Anyways, thank you so much for your help today. Your help cleared up a lot of things and I really appreciate it.
Have a good day. :)

Thanks and regards,
Ahsan.
 
AhsanMasood said:
Hi,
I'm a Pakistani national currently 26 years old. My uncle is US national, he filed visa petition for my dad back in 2006 which got accepted in 2007. In this petition my dad is the principle applicant and my mum, sister and me are accompanying him. After the acceptance we heard nothing for 14 years until January of this year (2019) when we received email to pay the fees which we did the very next day (Note: we paid fees for all four members). After that we submitted all the documents and DS260 (for all four members). Everything was going good until a month ago when all of sudden mine and my sister's name disappeared from the CEAC document submission section. The application status for mum and dad says completed however for me and sister it says not available.
Any idea what went wrong and will happen now?
Can you please tell me the reason for this?
Does that mean me and my sister wont get the visa?
I am attaching few screenshots with this email and please find the relative dates below.

My DOB: 03 Sep 1993
My sister's DOB: 28 July 1995
Priority date: 07 Dec 2006
Approval date: 07 Dec 2007

Looking forward to hearing from you.
Thanks in advance.
Ahsan.
Click to expand...

Dear
AhsanMasood said:
Hi,
I'm a Pakistani national currently 26 years old. My uncle is US national, he filed visa petition for my dad back in 2006 which got accepted in 2007. In this petition my dad is the principle applicant and my mum, sister and me are accompanying him. After the acceptance we heard nothing for 14 years until January of this year (2019) when we received email to pay the fees which we did the very next day (Note: we paid fees for all four members). After that we submitted all the documents and DS260 (for all four members). Everything was going good until a month ago when all of sudden mine and my sister's name disappeared from the CEAC document submission section. The application status for mum and dad says completed however for me and sister it says not available.
Any idea what went wrong and will happen now?
Can you please tell me the reason for this?
Does that mean me and my sister wont get the visa?
I am attaching few screenshots with this email and please find the relative dates below.

My DOB: 03 Sep 1993
My sister's DOB: 28 July 1995
Priority date: 07 Dec 2006
Approval date: 07 Dec 2007

Looking forward to hearing from you.
Thanks in advance.
Ahsan.
Click to expand...

Brother you calculated your age in wrong manners , as their is a petition filing date (suppose 2006) , other is a approval date (suppose 2007) and then the third one is a date when you receive your login for DS-260 (2019) , in 2006 you are 13 years old , in 2007 you are 14 and in 2019 you are almost 26-1/2 , so according to CSPA calculator your age is almost 25-1/2 years. as they only minus the tenure of petition filing to approval date from your actual age.

Post edited by forum moderator to remove soliciting information ​
 
Last edited by a moderator:
Hi,

I got one more question. During my research I came across two terms "Seek to acquire" and "Sought to acquire". Is there any difference between them or is it the same thing?

Thanks and regards,
Ahsan.
 
Hello! I’m from the Philippines. My CSPA age is 1yr & 20 days as of now, still unmarried, priority date is feb 03, 1997 and approval date is april 2, 2016. We are petitioned under F4 category and the principal applicant is my mom. After a few weeks of paying all the fees and submitting ds-260 form and other documents, my name suddenly disappeared from the list. The one who petitioned us is my uncle and according to him the whole family is originally included in the list of petitioners. I called the NVC and told me to write an email to the NVC and the agent told me that he can see my name on their system but since I aged out, my name automatically was removed on the list at the ceac website. After a few weeks, they finally replied saying that I am not eligible, however the final decision will still be up to the Consular during the interview.

Should I call the NVC again to make things faster? Or should I just wait till the interview and accompany my parents and bring all the required documents as well?
 
jorellamarquez said:
Hello! I’m from the Philippines. My CSPA age is 1yr & 20 days as of now, still unmarried, priority date is feb 03, 1997 and approval date is april 2, 2016. We are petitioned under F4 category and the principal applicant is my mom. After a few weeks of paying all the fees and submitting ds-260 form and other documents, my name suddenly disappeared from the list. The one who petitioned us is my uncle and according to him the whole family is originally included in the list of petitioners. I called the NVC and told me to write an email to the NVC and the agent told me that he can see my name on their system but since I aged out, my name automatically was removed on the list at the ceac website. After a few weeks, they finally replied saying that I am not eligible, however the final decision will still be up to the Consular during the interview.

Should I call the NVC again to make things faster? Or should I just wait till the interview and accompany my parents and bring all the required documents as well?
Click to expand...

Just to double check, the approval date you mention above, does that come off an I797 notice that says "the above petition is approved..."? I know people sometimes get confused with what the approval date is. I don't think I've ever seen anyone report a 19-year pending period to approval before.

Regardless, calling NVC can't make anything faster. Nothing will happen before the interview.
 
SusieQQQ said:
Just to double check, the approval date you mention above, does that come off an I797 notice that says "the above petition is approved..."? I know people sometimes get confused with what the approval date is. I don't think I've ever seen anyone report a 19-year pending period to approval before.

Regardless, calling NVC can't make anything faster. Nothing will happen before the interview.
Click to expand...

That is the date when the NVC received the approved immigrant visa petition from the USCIS (from the letter that the NVC sent to us “Notice of Immigrant Visa Case Creation - You may Begin Online Processing”

As of now, I am 23y/o and we’ve been waiting for it since 1997 and we actually received the actual letter by April 6, 2019.

Ps. Oh and I wrongly typed the date above. It should be April 2, 2019 not April 2, 2016.
 
jorellamarquez said:
That is the date when the NVC received the approved immigrant visa petition from the USCIS (from the letter that the NVC sent to us “Notice of Immigrant Visa Case Creation - You may Begin Online Processing”

As of now, I am 23y/o and we’ve been waiting for it since 1997 and we actually received the actual letter by April 6, 2019.

Ps. Oh and I wrongly typed the date above. It should be April 2, 2019 not April 2, 2016.
Click to expand...

OK, that's not the approval notice, so you've calculated the CSPA age wrong. Your petitioner will have received something like this pic below in the mail at some point - ask your uncle to look for this. The date on that is the approval date. If you're only 23 you may very well still be protected under CSPA, but you need to get the calculation right to figure that out.


sample-i-130-approval-notice.jpg
 
SusieQQQ said:
OK, that's not the approval notice, so you've calculated the CSPA age wrong. Your petitioner will have received something like this pic below in the mail at some point - ask your uncle to look for this. The date on that is the approval date. If you're only 23 you may very well still be protected under CSPA, but you need to get the calculation right to figure that out.
Click to expand...

Ohhh, I see. I will ask my uncle about it and will give an update asap. However, if the NVC still says that I’m not eligible for the CSPA (even if I am), what should I further do? Is it time to hire and ask help from an immigrant specialist lawyer to help us?
 
jorellamarquez said:
Ohhh, I see. I will ask my uncle about it and will give an update asap. However, if the NVC still says that I’m not eligible for the CSPA (even if I am), what should I further do? Is it time to hire and ask help from an immigrant specialist lawyer to help us?
Click to expand...

A lawyer can't change the law; but it's not unheard of for NVC to make mistakes, either. If you can get the actual approval date we can figure out what the situation is.
 
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