Q: Are we still eligible if the petition was filed before the effective date of CSPA which is August 2002?

A: Understanding the Child Status Protection Act (CSPA) age calculation can be challenging to grasp. Here's an easy-to-follow equation to aid in this process and provide clarity. Here's how it works

CSPA Age = Your Age when Visa Became Available − Processing Time of the Petition

Your Age when Visa Becomes Available: This is your age on the date when the priority date for your visa becomes current, according to the Visa Bulletin or under the new guidance, "when the visa becomes available" can be based on the "Final Action Dates" or the "Dates for Filing" from the Visa Bulletin, depending on which chart USCIS indicates as governing for I-485 filings in the relevant month.

Processing Time of the Petition: The amount of time from when the immigration petition (like I-130) was filed until it was approved.

In July 2020, you and your siblings were aged 19, 21, and 23. To calculate the CSPA age, you would subtract the processing time of the I-130 from your actual age when the visa became available. Based on this calculation and provided my mate is not wrong you are still eligible to receive your green card.

A: Under the Child Status Protection Act (CSPA), which came into effect in August 2002, your age for immigration purposes is determined by a specific formula. Since your grandmother's petition (I-130) was filed before August 2002, the CSPA provisions apply to your case. The age is calculated by taking your age at the time the visa becomes available and subtracting the time the I-130 petition was pending (from filing to approval).

In your case, the I-130 was filed in May 2001 and approved in August 2006, meaning it was pending for about 5 years. This duration is subtracted from your ages at the time the visa became available in July 2020. Therefore, for CSPA purposes, your ages would be adjusted accordingly.

However, the age 'freezes' only when you take certain steps within one year of the visa becoming available. This includes applying for the visa or taking similar actions to pursue permanent residence. It is critical that these steps were completed within the one-year timeframe to benefit from the CSPA age freeze.

Given the complexity of these calculations and the importance of specific dates and actions in your case, it would be wise to consult with an immigration attorney. They can help determine the adjusted ages under CSPA and confirm your eligibility for the visa as derivative beneficiaries under the F3 category. Remember, getting accurate and personalized legal advice is key in navigating immigration processes successfully.