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confused about CSPA and age out for family immigration

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  • confused about CSPA and age out for family immigration

    Hello everyone,

    I am US Citizen, i have I-130 pending for my married sister (India, June 2004 priority date). I am trying to figure out if my sister's son who is 21 right now would be eligible or not when their date becomes current. I am hoping that it will be current in the next several months.

    I tried using this calculator: /usa-immigrant-visa-process/cspa-calculator/

    But confuse about what is the approval date?

    DOB: 9/30/1995
    Priority Date: 06/15/2004
    Approval Date: ?????
    Visa Bulletin Current Date: 10/01/2003

    What is approval date? is that the date when they get welcome letter?

    Also, is there anything I can do now to inform USCIS to make sure my 21 old nephew to be included in the visa welcome letter when their date becomes current?

    Thank you in advanced.

  • #2
    Originally posted by funguy123us View Post
    Hello everyone,

    I am US Citizen, i have I-130 pending for my married sister (India, June 2004 priority date). I am trying to figure out if my sister's son who is 21 right now would be eligible or not when their date becomes current. I am hoping that it will be current in the next several months.

    I tried using this calculator: /usa-immigrant-visa-process/cspa-calculator/

    But confuse about what is the approval date?

    DOB: 9/30/1995
    Priority Date: 06/15/2004
    Approval Date: ?????
    Visa Bulletin Current Date: 10/01/2003

    What is approval date? is that the date when they get welcome letter?

    Also, is there anything I can do now to inform USCIS to make sure my 21 old nephew to be included in the visa welcome letter when their date becomes current?

    Thank you in advanced.
    Approval date is the date your I130 petition was approved. You should have received a notice of approval with the date on it. It may have been received as far back as 2004 or 2005.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by scientist2016 View Post
      Approval date is the date your I130 petition was approved. You should have received a notice of approval with the date on it. It may have been received as far back as 2004 or 2005.
      Thank you for your reply. My sister got a letter of approval in 2009 so would that be the approval date?

      Comment


      • #4
        Originally posted by funguy123us View Post
        Thank you for your reply. My sister got a letter of approval in 2009 so would that be the approval date?
        Yes, should be. In the approval letter there would be the approval date. That date needs to be considered when calculating CSPA eligibility. If the approval date is indeed 2009, then the wait time was ~5 yrs. So a child will be eligible under CSPA as long as he/she is <= (21+5 = 26 yrs) at the time of GC issuance.
        Just an opinion; Not legal advice.

        Comment


        • #5
          Originally posted by scientist2016 View Post
          Yes, should be. In the approval letter there would be the approval date. That date needs to be considered when calculating CSPA eligibility. If the approval date is indeed 2009, then the wait time was ~5 yrs. So a child will be eligible under CSPA as long as he/she is <= (21+5 = 26 yrs) at the time of GC issuance.
          Awesome. Thank you.

          Comment

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