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  • Aging out/CSPA

    Please Help... My nephew was petitioned by his dad when he was 18 years old (petition filed in 2001). His dad is a permanent resident. My nephew is now over the age of 21 years old (I believe he is now 23), and the visa became available last November 2005 in the Philippines. Note: the priority date is February 2002 in the Philippines. Does this mean he is no longer eligible to come here? What does he need to do? I appreciate your help.

  • #2
    Please Help... My nephew was petitioned by his dad when he was 18 years old (petition filed in 2001). His dad is a permanent resident. My nephew is now over the age of 21 years old (I believe he is now 23), and the visa became available last November 2005 in the Philippines. Note: the priority date is February 2002 in the Philippines. Does this mean he is no longer eligible to come here? What does he need to do? I appreciate your help.

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    • #3
      He needs to go to to the American Consulate in the Phillipines right away. There is a regression formula and he may fit. He should have contacted them in November - tell him to take all his papers.

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      • #4
        Thank you for your reply. I forgot to mention that he got a letter in November 2005 saying his petition was "approved" but the NVC did not ask his father to send for the affidavit papers. His younger brother however who was also petitioned at the same time (he's only 16 now) is on his way to the US. SO we are all very sad and frustrated that his older brother (Who has aged out) is not joining him. Could you tell me what you meant by "regression fomula"?
        Thanks again

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        • #5
          Susie,
          If the beneficiary is 21 years and 3 months old by the time Visa became available, is this definitely aged out?

          Comment


          • #6
            Hi

            Quite possibly, get opinion from attorney

            Just so you know their is a Senator who wants to completely revamp CSPA

            As the act is badly written and confusing

            My son according to consulate, aged out by6 weeks.

            It seems we may now have to file for unmarried son of LPR. The service centre is working on cases reveived in 1999 so it will be at least 7 years before approval then be passed to consulate

            Looks like I am going to court to fight. My attorney is building case. But it could take months to get to court

            Good luck, but if you want to talk PM your contact number

            Regards Sue

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