How do I prevent from aging out with CSPA?

[dengel123]

Hi everybody. My Form I-130 was filed on November 19, 2007 and it was approved on February 28, 2012 (meaning, it took 4 years, 3 months to approve my case; this is my pending time). Currently I’m 20 years old and I turn 21 July next year. As far as I know once I turn 21 I’m no longer elegible for a Green Card if our priority date ever becomes current after July 2021.

However, the Child Status Protection Act (CSPA) prevents what I’ve just mentioned above from happening using the following formula:

Age at Time of Visa Availability - Pending Time = CSPA Age

This means that I'll have to subtract the pending time minus my current age once my priority date becomes current. Essentially 4 years, 3 months will be subtracted to my age. (According to this calculations, I have until October 2025 before I age out)

But I read that if I want to benefit from the CSPA I must fulfill the "Seek-to-acquire" requirement, and this is the part that I don't completely understand. "The USCIS implies that in order to benefit from CSPA as a family preference you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you".

Meaning that if I want to benefit from the CSPA I must fill one of the following forms within 1 year of the immigrant visa becoming available to my family and I:

• Form I-485 (while in the US)
• Form DS-260 (while outside the US)
• Form I-824 (while in the US)

So I'll appreciate if someone can confirm if I'm right, otherwise I'd really appreciate if someone can let me know if there's something I'm misunderstanding about this whole procedure.

Thank you all of you in advance.

[Tibwa]

Hi everybody. My Form I-130 was filed on November 19, 2007 and it was approved on February 28, 2012 (meaning, it took 4 years, 3 months to approve my case; this is my pending time). Currently I’m 20 years old and I turn 21 July next year. As far as I know once I turn 21 I’m no longer elegible for a Green Card if our priority date ever becomes current after July 2021.

However, the Child Status Protection Act (CSPA) prevents what I’ve just mentioned above from happening using the following formula:

Age at Time of Visa Availability - Pending Time = CSPA Age

This means that I'll have to subtract the pending time minus my current age once my priority date becomes current. Essentially 4 years, 3 months will be subtracted to my age. (According to this calculations, I have until October 2025 before I age out)

But I read that if I want to benefit from the CSPA I must fulfill the "Seek-to-acquire" requirement, and this is the part that I don't completely understand. "The USCIS implies that in order to benefit from CSPA as a family preference you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you".

Meaning that if I want to benefit from the CSPA I must fill one of the following forms within 1 year of the immigrant visa becoming available to my family and I:

• Form I-485 (while in the US)
• Form DS-260 (while outside the US)
• Form I-824 (while in the US)

So I'll appreciate if someone can confirm if I'm right, otherwise I'd really appreciate if someone can let me know if there's something I'm misunderstanding about this whole procedure.

Thank you all of you in advance.

I don't see you have a problem. if you are in the US, you likely to become current within the next few month to file. You should start gather your information to file once you become current. Don't worry about when they approved it. You priority date is the date you filed or USCIS issued a receipt for you. You are November 2007 and according to the latest visa bulletin, they are in Sept. 2007 for F4- assuming no retrogression and USCIS continues to Date of Filling table.

[dengel123]

I don't see you have a problem. if you are in the US, you likely to become current within the next few month to file. You should start gather your information to file once you become current. Don't worry about when they approved it. You priority date is the date you filed or USCIS issued a receipt for you. You are November 2007 and according to the latest visa bulletin, they are in Sept. 2007 for F4- assuming no retrogression and USCIS continues to Date of Filling table.

Thank you for your response. Two things:
1- I'm currently outside the U.S.
2- Now I'm confused. I thought They were on Sept. 2006. Why do you say they're in Sept 2007.

[Tibwa]

Thank you for your response. Two things:
1- I'm currently outside the U.S.
2- Now I'm confused. I thought They were on Sept. 2006. Why do you say they're in Sept 2007.

Since you live outside USA, you are correct and you CANNOT use the DATE for FILLING. If you were in USA, you have been able to use the date for filing versus FINAL ACTION TABLE which is showing Sept. 2007. There are online calculator that will the age out calculation for you. Google them.

[dengel123]

[QUOTE=Tibwa;n740254]

Since you leave outside USA, you are correct and you CANNOT use the DATE for FILLING. If you were in USA, you have been able to use the date for filing versus FINAL ACTION TABLE which is showing Sept. 2007. There are online calculator that will the age out calculation for you. Google them.


Ok, great! thank you very much for your response. Just one last thing, would you happen to know if I have to file some sort of form or anything so that the CSPA applies in my case?

[Tibwa]

Ok, great! thank you very much for your response. Just one last thing, would you happen to know if I have to file some sort of form or anything so that the CSPA applies in my case?

I don't know but this website can make this calculation.https://www.immihelp.com/cspa-calculator/