CSPA Question

[MikeWallace]

Hey guys, so I have a quick question about the Child Status Protection Act(CSPA). I am a US Citizen and I applied for my brother, his wife and two kids in the F4 category. However, one of the kids is going to be 22 years old this year. The priority date is February 2004 and we're worried that their child will be left behind once our priority date arrives, which will probably be sometime in the summer/fall of next year. Would the CSPA cover this kind of situation?

[dpatel126]

recent experience with CSPA

Hey guys, so I have a quick question about the Child Status Protection Act(CSPA). I am a US Citizen and I applied for my brother, his wife and two kids in the F4 category. However, one of the kids is going to be 22 years old this year. The priority date is February 2004 and we're worried that their child will be left behind once our priority date arrives, which will probably be sometime in the summer/fall of next year. Would the CSPA cover this kind of situation?

Currently, The NVC is processing November 2002 priority date. If your nephew/niece is 22 years of age (year 2015), they should still be covered under CSPA. You would subtract the visa availability date minus the I-130 approval date, so let's say that the I-130 was approved by USCIS on August 2007 and Visa became available (at NVC) on July 2015. You would subtract year 2015-2007, which is 8 years. So now subtract 8 years from 22, which would be 15, so the child is consider under 21 under CSPA and they would be given visa.