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Child Aging out - CSPA

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  • Child Aging out - CSPA

    My father's brother filed a family based petition and benificiary's son just turned 21 yrs. I wanted to know if the following CSPA calculations are correct.
    1. Alien's Date of Birth: 21-nov-1984
    2. Date Immigrant Petition Filed: 13-May-1994
    3. Date Immigrant Petition approved: 17-Sep-1994
    4. Lengh of Time Immigrant Petition pending (#3 minus#2): 127 days
    5. Date Immigrant Petition became current (i.e. Date Immigrant Visa became available) 1st Apr 2006 (just making an assumption based on the previous bulletin)
    6. Age of Alien on date Immigrant Visa became available (#5 minus #1) 21.6 yrs
    7. Age for CSPA purposes : Age at time Immigrant Visa became available minus length of time Immigrant Petition pending (#6 minus #4): if this number is below 21, CSPA applies. 21 yrs and 3+ days

    Our problem is if the priority date becomes current after Mar 2006, beneficiary's son will be considered above 21 just by 3 or 4 days. I did contact NVC and Mumbai consulate, since the package has been sent to Mumbai Post in the week of Nov 10 2005, to expedite the case. But did not receive any favorable response. Do you suggest any other mode of communication? Did anyone have/had similar problems and how fast did the processing went? How much time does it take after the file reaches Mumbai Post?

    Is the section 424 Patriot Act still valid or it expired?

    Thanks for your time!!!

  • #2
    My father's brother filed a family based petition and benificiary's son just turned 21 yrs. I wanted to know if the following CSPA calculations are correct.
    1. Alien's Date of Birth: 21-nov-1984
    2. Date Immigrant Petition Filed: 13-May-1994
    3. Date Immigrant Petition approved: 17-Sep-1994
    4. Lengh of Time Immigrant Petition pending (#3 minus#2): 127 days
    5. Date Immigrant Petition became current (i.e. Date Immigrant Visa became available) 1st Apr 2006 (just making an assumption based on the previous bulletin)
    6. Age of Alien on date Immigrant Visa became available (#5 minus #1) 21.6 yrs
    7. Age for CSPA purposes : Age at time Immigrant Visa became available minus length of time Immigrant Petition pending (#6 minus #4): if this number is below 21, CSPA applies. 21 yrs and 3+ days

    Our problem is if the priority date becomes current after Mar 2006, beneficiary's son will be considered above 21 just by 3 or 4 days. I did contact NVC and Mumbai consulate, since the package has been sent to Mumbai Post in the week of Nov 10 2005, to expedite the case. But did not receive any favorable response. Do you suggest any other mode of communication? Did anyone have/had similar problems and how fast did the processing went? How much time does it take after the file reaches Mumbai Post?

    Is the section 424 Patriot Act still valid or it expired?

    Thanks for your time!!!

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