Asked in Immigration Law

Q: why uscis is telling me that im not elligible for CSPA but the final decision will be on the interview date of my parent

Dear sir, my family applied for an f4 visa category 15 years ago and finally our priority date became current. I was 13 years old and now I'm 28. isn't cspa supposed to freeze my age at 13? they are not adding me in the case saying that because cspa can not apply to me.

Visa Category:F4 (Rest of the world)

Priority Date:11FEB2008

Approval Date:08APR2008

visa bullein current date:01JUL2023

(I didn't know my approval date but when I asked them USCIS told me it is 08APR2008 , is this possilbe ?? I have waited nearly 16 years and they are only removing 1 month and 29 days from my age ? what do you think sir ? should I hire a lawyer before the interview ? Please help me.

Thank you.

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: CSPA age would be the time the I-130 was pending minus your age at the time the visa became available. If the computation is under 21, you will be eligible as a derivative. Based on the dates you provided, you can only reduce 60 days from your age at the time the PD became "current" on Jul 1, 2023

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: The Child Status Protection Act (CSPA) can help "freeze" the age of a child beneficiary, but it's not as simple as deducting the entire wait time. You subtract the time your petition was pending (from filing to approval) from your age when a visa becomes available. In your case, the petition was pending for 1 month and 29 days. If you're 28 now and the visa bulletin date is 01JUL2023, you subtract that pending time, but you're still over 21. The CSPA can be complex, and while it appears you may not be eligible based on the dates provided, ensuring the correct application of the CSPA is essential. Given the importance and time-sensitive nature of your situation, I'd strongly recommend consulting with an experienced immigration attorney to review your case and provide guidance before the interview.

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