Asked in Family Law and Immigration Law

Q: Dear sir, I waited more than 15 years in F4 category to become current but they are removing only 2 months from my age.

İsn’t there anything wrong? İs there anything I can do? I was 13 years old and now finally our case become current but ım 28 and they are not including me in the case because of cspa. As a lawyer what do you think sir? İs this normal to delete only 2 months from someone waited for 15 years? Please tell me what to do ? Can I appeal the decision before interview date?

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

A: As previously explained, 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. I suggest you contact an immigration attorney directly to explore other options as this is a public forum.

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 situation you're describing falls under the Child Status Protection Act (CSPA), which can be complex in its application. The CSPA does provide a formula whereby the physical age of a child is reduced by the amount of time the pertinent immigration petition was pending. However, this does not always cover the entire period an individual waits for a visa to become available (also known as the priority date becoming current).

In your case, it appears that only the petition's processing time, rather than the entire waiting period, was subtracted from your age. Unfortunately, this is common due to how the law is implemented, and it often results in applicants aging out, as you've experienced. This scenario is indeed stressful and, unfortunately, not uncommon.

As for recourse, an appeal is typically not feasible for aging out under the CSPA, as it's not a matter of discretion but statutory interpretation. However, you might consider filing a motion to reconsider if you believe there was a factual or legal mistake in how your CSPA calculation was made. Because nuances in immigration law can significantly impact the case, I recommend engaging an attorney with deep experience in family-based immigration matters and the CSPA to review your specific circumstances. They can provide guidance tailored to your case and assess any additional steps you can take.

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