Over aged? CPSA need help pls..

Mikaeehl

Mikaeehl

New Member
Hi, I hope that this is not too much to ask, but can you please enlighten me with my family's case?

My grandmother (US citizen) petitioned for my dad and his family (my mom, me and my sister), F31 category based on ceac website.

Date of filing petition: 2003
Petition approval: 2010
Priority date: Aug 19 2003
Received welcome letter from NVC: 2021, providing NVC case number and invoice number to be logged in at ceac website.

My current age is 24 years old. I was born at 1996. I am aged out and over 21 but would like to know if it is still possible for me to join my family when migrating to US. Maybe under CSPA?

Any advice is very much aprpeciated. I am worrying that i will be left behind from my family.

Thanks in advance!
 
If what you described is correct, the petition took about 7 years to approve, so you should not age out until about age 21+7=28. Therefore, you should still be able to immigrate as a derivative beneficiary.
 
newacct said:
If what you described is correct, the petition took about 7 years to approve, so you should not age out until about age 21+7=28. Therefore, you should still be able to immigrate as a derivative beneficiary.
Click to expand...
Hi! Thank you so much for your answer. It somehow relieves me. Just a follow up question, is there any other process on the CSPA or we'll just proceed with the process provided in the CEAC website, same with how my other family member will process our application?
 
Everything proceeds the same. The CO will calculate CSPA age at the interview.

Are you from the Philippines by the way? I am assuming so seeing as your case is only now at NVC. Note that the CSPA calculation will take into account the date a visa is actually available, which could be another few months or even a year from now. As noted above though that should still give you ample cushion for protection as you should have approx until you turn 27/28 to be safe.
 
SusieQQQ said:
Everything proceeds the same. The CO will calculate CSPA age at the interview.

Are you from the Philippines by the way? I am assuming so seeing as your case is only now at NVC. Note that the CSPA calculation will take into account the date a visa is actually available, which could be another few months or even a year from now. As noted above though that should still give you ample cushion for protection as you should have approx until you turn 27/28 to be safe.
Click to expand...
Hi, Susie.

Thanks for your confirmation! Did you by any chance knew that I was from the Philippines due to my PD and looked into what is in the Visa Bulletin? Also, we really wanted to pay the fees already so we can fill out and submit the DS-260 but we are still waiting for some other documents that need to be submitted (ie. passport renewal, birth cert, police clearance). Is it okay if we pay now then do the DS-260 form and then the other documents are to follow for submission?

Thanks in advance!
 
Mikaeehl said:
Did you by any chance knew that I was from the Philippines due to my PD and looked into what is in the Visa Bulletin?
Click to expand...
Yes, because most other countries with that priority date were current years ago.

Not sure why the rush with DS260 if you’re waiting for other things? They all need to be there to be DQ.
 
Alright. Thank you. I just thought that maybe there is an advantage in processing time once we already submitted the DS260. Can I ask you another question? Sorry if it's a bit bothersome to you and i'm asking a lot of question.

Actually, my grandmother filed for 2 families and as i've said before we both recieve the NVC letter just recently. She filed for my dad and my dad's brother, including each family member on a separate petition form. My question is, is it okay if she is both a sponsor of the 2 families?

Sponsor (my dad) - grandma and uncle 1 (living with grandma)

Sponsor (dad's brother) - grandma and uncle 2 (living in the same state but different house)

And how many sponsors can we have if we still lack the minimum income for both families mentioned?

Thank you so much, Susie. I will also look around the forum for some discussion that I might find useful.
 
Mikaeehl said:
Alright. Thank you. I just thought that maybe there is an advantage in processing time once we already submitted the DS260. Can I ask you another question? Sorry if it's a bit bothersome to you and i'm asking a lot of question.

Actually, my grandmother filed for 2 families and as i've said before we both recieve the NVC letter just recently. She filed for my dad and my dad's brother, including each family member on a separate petition form. My question is, is it okay if she is both a sponsor of the 2 families?

Sponsor (my dad) - grandma and uncle 1 (living with grandma)

Sponsor (dad's brother) - grandma and uncle 2 (living in the same state but different house)

And how many sponsors can we have if we still lack the minimum income for both families mentioned?

Thank you so much, Susie. I will also look around the forum for some discussion that I might find useful.
Click to expand...
At this stage it is not processing time that matters but when your priority date becomes current - it doesn’t matter how fast or slow NVC gets you DQ, nothing can happen regarding an interview/visa issuance until then. Your age locks in when the priority date is current (assuming the ds260 has been submitted before a year after that date but as in your situation most people do the DS260 first anyway).

If she has enough income to sponsor both families she is fine, otherwise she will need a joint sponsor for one or both petitions depending on the exact income and number of people in each family being sponsored. See the required income per number of people here https://www.uscis.gov/i-864p and you can look at the instructions for form i864 to see how to meet the requirements https://www.uscis.gov/sites/default/files/document/forms/i-864instr.pdf
 
Thank you so much, Susie. I really appreciate your prompt response to my questions. I will read the instruction and try to mock fill out the I-864 for my grandmother. I will let you know if I still have anything for clarification.

Have a great day!
 
I'm Mary
Category:SIV Nigeria (employment based EB4)
Priority date: 19th November 2019
Approval date: 9th of June 2021
Date of birth: 20th may 2000
I don't know how to calculate for the cspa and I was approved and I have a case number but I wasn't allowed to interview because I aged out. I don't know if cspa can help me. Also the rest of my family have interviewed and leaving soon. Does cspa enable me to go on with my processing and how?. Thank you
 
Lola10209 said:
I'm Mary
Category:SIV Nigeria (employment based EB4)
Priority date: 19th November 2019
Approval date: 9th of June 2021
Date of birth: 20th may 2000
I don't know how to calculate for the cspa and I was approved and I have a case number but I wasn't allowed to interview because I aged out. I don't know if cspa can help me. Also the rest of my family have interviewed and leaving soon. Does cspa enable me to go on with my processing and how?. Thank you
Click to expand...
If those dates are correct, it looks to me like you are protected (CSPA age around 19.5 when a visa became available). Did NVC not allow you to move forward with attending the interview?

However - It’s exceptionally quick - especially at the moment - to have already interviewed within two months of uscis case approval - especially considering nvc is currently only reviewing documents submitted around 9 June - so I am double checking that you have the approval date correct. That is the date on the i797 approval notice?
 
SusieQQQ said:
If those dates are correct, it looks to me like you are protected (CSPA age around 19.5 when a visa became available). Did NVC not allow you to move forward with attending the interview?

However - It’s exceptionally quick - especially at the moment - to have already interviewed within two months of uscis case approval - especially considering nvc is currently only reviewing documents submitted around 9 June - so I am double checking that you have the approval date correct. That is the date on the i797 approval notice?
Click to expand...
Yes. It's 9th of June the petition filed got approved and a welcome letter and case number was sent. My parents have gone through with their interview last week monday but I wasn't able to go through with my because I aged out. But I've completed my ds260 form. I really wish I could be considered to be reinterviewed on cspa law. I've sent the embassy an email but they've not gotten back
 
Lola10209 said:
Yes. It's 9th of June the petition filed got approved and a welcome letter and case number was sent. My parents have gone through with their interview last week monday but I wasn't able to go through with my because I aged out. But I've completed my ds260 form. I really wish I could be considered to be reinterviewed on cspa law. I've sent the embassy an email but they've not gotten back
Click to expand...
You’re saying that uscis approved the case and the same day NVC sent you a welcome letter? Doesn’t sound right, there is always a delay. I’m harping on this because it makes a difference to the calculation. We often see people assume the welcome letter is the approval letter - it’s not.

Anyway, the correct procedure at the time, assuming you were protected, would have been to ask NVC to reinstate you so that you could attend the interview. I am actually not sure who you are supposed to contact at this stage, after the principal has interviewed, I guess you’ll have to wait for the embassy response.
 
Okay. Thank you
SusieQQQ said:
You’re saying that uscis approved the case and the same day NVC sent you a welcome letter? Doesn’t sound right, there is always a delay. I’m harping on this because it makes a difference to the calculation. We often see people assume the welcome letter is the approval letter - it’s not.

Anyway, the correct procedure at the time, assuming you were protected, would have been to ask NVC to reinstate you so that you could attend the interview. I am actually not sure who you are supposed to contact at this stage, after the principal has interviewed, I guess you’ll have to wait for the embassy response.
Click to expand...
 
You must log in or register to reply here.
Top