Derivative Beneficiary and Child Status Protection Act

[cnnn2512]

Hi guys,

I am a US citizen and I petitioned my unmarried daughter above 21 years old in 2010 (F1 category). The priority date is 07/11/2010. The petition was approved by USCIS on 06/06/2014. I received the notice from NVC on 10/11/2016. My daughter has one child (derivative beneficiary) who was born on 02/02/1991. That means the derivative beneficiary was under 21 years old at the time of filing. However, when I worked on the affidavit support for my daughter, I did not see any visa number issued for the derivative beneficiary. I did research on the Child Status Protection Act again and found that application pending period is subtracted from the child’s age. But I am confused about the pending duration in my case. Should it be 6 years and 3 months (10/11/2016 – 07/11/2010) or 3 years 11 months (06/06/2014-07/11/2010)?

In addition, the derivative beneficiary is currently located in the US. Is there anyway that we can adjust the status by filing the form I-485?

I appreciate your help and look forward to your comments!

[newacct]

Hi guys,

I am a US citizen and I petitioned my unmarried daughter above 21 years old in 2010 (F1 category). The priority date is 07/11/2010. The petition was approved by USCIS on 06/06/2014. I received the notice from NVC on 10/11/2016. My daughter has one child (derivative beneficiary) who was born on 02/02/1991. That means the derivative beneficiary was under 21 years old at the time of filing. However, when I worked on the affidavit support for my daughter, I did not see any visa number issued for the derivative beneficiary. I did research on the Child Status Protection Act again and found that application pending period is subtracted from the child’s age. But I am confused about the pending duration in my case. Should it be 6 years and 3 months (10/11/2016 – 07/11/2010) or 3 years 11 months (06/06/2014-07/11/2010)?

3 years 11 months

In addition, the derivative beneficiary is currently located in the US. Is there anyway that we can adjust the status by filing the form I-485?

Yes but not until the principal beneficiary enters the US

[cnnn2512]

Yes but not until the principal beneficiary enters the US

Thanks a lot for your quick reply. The derivative beneficiary is located in the US as an F1 international student. So when principal beneficiary (my daughter) came to the US, my daughter can file the form I-485 for the derivative beneficiary and she can become a green card holder as well. Am I correct?

[newacct]

Thanks a lot for your quick reply. The derivative beneficiary is located in the US as an F1 international student. So when principal beneficiary (my daughter) came to the US, my daughter can file the form I-485 for the derivative beneficiary and she can become a green card holder as well. Am I correct?

Yes, but I am not sure how CSPA factors into it, because the derivative would have to wait longer before starting the process if they do it this way, and to use CSPA the person must have "sought to acquire" within one year of visa availability. Maybe it would be better for the derivative to just go back and get the immigrant visa at the same time as the principal.

[cnnn2512]

Yes, but I am not sure how CSPA factors into it, because the derivative would have to wait longer before starting the process if they do it this way, and to use CSPA the person must have "sought to acquire" within one year of visa availability. Maybe it would be better for the derivative to just go back and get the immigrant visa at the same time as the principal.

Thank you again for your comment. I genuinely appreciate it. I just received a response from the NVC. Following is their response: "Currently, this case cannot be reviewed for applicability of the Child Status Protection Act (CSPA), as there is no visa number available according to this case's priority date and visa category."

There is no visa number issued for the derivative. I only see the invoice or the visa number for the principal applicant? Can you help me understand how the derivative can take part in the consular interview and obtain the immigrant visa at the same time as the principal? Do we have to file any additional document for the derivative?

[Zara's Hobby]

i am turning 21 but my petition approved as under 21

Receipt date 18 April 2016
periorty date is 15 April 2016
case approved and send to NVC 15 November 2016
still No case number issued.
I'll be 21 in 29 days
what should i do.
some people said if i informed am turning 21 NVC going to delay in my case.

my mother nvc case number issued
now she waiting for my case number to pay all fee

my father is 80 years old. and too sick no one there to take care her.
badly need help