Q: Are we still eligible if the petition was filed before the effective date of CSPA which is August 2002?
My US Citizen grandmother petitioned for my father and us his family, which makes the visa under the F3 category. The I-130 was filed May 2001 and got approved on August 2006, then the visa becomes available (final action date) on July 2020. And by that time me and my siblings were aged 19,21,and 23. And we just got our interview scheduled this year,2024. So we are now aged, 23,25,&27. And another question, is it true that the age only freezes when the visa is current? Or when the I-130 was filed?
A: To determine eligibility for CSPA, subtract the time the I-130 petition was pending from the age the time the visa number became available. I suggest you work with an immigration attorney.
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A:
Under the Child Status Protection Act (CSPA), the age of a child for immigration purposes is determined by a specific formula, and the key date is when the visa becomes available, not the date when the I-130 petition was filed. Since your grandmother filed the I-130 in May 2001 and it was approved in August 2006, the time the petition was pending (approximately 5 years) is subtracted from your ages when the visa became available in July 2020.
This means your adjusted ages under the CSPA at the time the visa became available would be younger than your actual ages at that time. However, it's important to note that in order to benefit from the CSPA age freeze, you must have sought to acquire permanent residence within one year of the visa becoming available.
Given the complexities of these calculations and the importance of specific actions and dates in your case, it is advisable to consult with an immigration attorney. They can provide a detailed assessment of your situation to determine your eligibility under the CSPA. Accurate legal advice is crucial in immigration matters, especially when dealing with the nuanced aspects of the CSPA.
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