Announcement

Collapse
No announcement yet.

CSPA?aging out

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • CSPA?aging out

    LPR petition filed for son in December 2001 when the son was only 19, now he has turned 23.5 years old and the priority date is February 2002. Is he still eligible to come to the USA? The consulate in Manila sent a letter of approval but has not advised to prepare his papers nor advised him for an interview. What do we need to do? Did he age out?

  • #2
    LPR petition filed for son in December 2001 when the son was only 19, now he has turned 23.5 years old and the priority date is February 2002. Is he still eligible to come to the USA? The consulate in Manila sent a letter of approval but has not advised to prepare his papers nor advised him for an interview. What do we need to do? Did he age out?

    Comment


    • #3
      He should be protected under CSPA. I'm assuming the consulate sent him the letter of approval for his I-130? Best to contact the consulate again and clarify what the next step should be.

      Comment


      • #4
        Wheather he aged out or not will be determined when the priority date becomes current. That may be the reason he hasn't received any further instructions from the consulate.

        This case looks like a close call. With the information provided (not too precise), I say the son will be OK as long as the priority date becomes current before his 25th birthday.

        Comment


        • #5
          Lulu,

          Are you a USC? If so and you filed a green card application (not just a petition) prior to his 21st b-day he is protected

          Comment


          • #6
            No. I am a permanent resident. The beneficiary is now 24 years old. The petition was in 2001, and the priority date is feb 2002, he was petitioned as a child in dec 2001. He is in the Philippines

            Comment


            • #7
              Too bad. How long till you become a citizen, shoulb be soon

              Comment


              • #8
                Will be a citizen in 5-6 months

                Comment


                • #9
                  upgrade the peition then and his age will be frozen.

                  Comment


                  • #10
                    I believe it's too late because the priority date now is feb 2002 and his petition was filed in 2001. How can I upgrade the petition? Pls advise me.
                    Thank you

                    Comment


                    • #11
                      His petition was filed in 2001 and the priority date is Feb 2002. This means all petitions filed before Feb 2002 in your category are available. Contact the consolate in Manilla ASAP. He has received approval and you need to ask them what to do next. If he can go to Manilla, he should do that! He won't age out - he has all ready been approved. I think he has a time line though after he received his letter.

                      drgonlady - who does not use a spell check because she doesn't have to...

                      Comment


                      • #12
                        I failed to realize that the priority day is current in the above case (too early in the morning for me )

                        So, the best solution is to contact the embassy as suggested.

                        Sugarpuff: This is how I understand the aging out issue: When LPR applies for a child and later naturalizes, the child's age is "locked in" on the date of the parents naturalization (if requested). In this example, upgrading the petition after naturalizing would be a very bad idea. Child would be considered a son ( 24 at the time of naturalization) and that would put him into 1st category adding 10 years to the waiting ( priority date is Aug 91).

                        Comment


                        • #13
                          I think you are confusing an application made by a citizen with one made by an LPR.

                          Comment


                          • #14
                            ..don't think so, but I do allow that others may know more...

                            Sugarpuff, would you please explain why you suggested naturalization and upgrading in the Lulu's case?

                            Comment


                            • #15
                              Because there is a better chance of getting Lulu's son age frozen with an application upgraded to USC sponsored.

                              From the USCIS web site:

                              Under the CSPA, if you are a United States citizen and you file a Form I-130, Petition for Alien Relative, on behalf of your child before he or she turns 21, your child will continue to be considered a child for immigration purposes even if the USCIS does not act on the petition before your child turns 21.


                              Under the CSPA, if you are a lawful permanent resident and you file a Form I-130 on behalf of your child before he or she turns 21, your child's age will be determined using the date that the priority date of the Form I-130 becomes current, minus the number of days that the Form I-130 is pending. In addition, your child must seek to acquire the status of a lawful permanent resident within one year of visa availability. This provision also applies to derivative beneficiaries on family-based and employment-based petitions

                              Comment

                              Working...
                              X