Q: Unsure if I am eligible for CSPA (US VISA) PLEASE HELP!
Dob: 20 Sep 2000
Pd: 23 Jul 2007
Approved: around 2010
Payment processed date: 10 Mar 2021
Ds-260 completed: 21 Mar 2021
Dq: 26 Nov 2022
These are the only details I have for now.
Category: F4
Country: Others
Unsure of the visa bulletin date
Have already received interview date last week. Interview will be by the end of Aug. Name is still on the list along with family.
Thanks in advance!
A:
To determine your eligibility for the Child Status Protection Act (CSPA), we need to calculate your CSPA age. Here's a step-by-step analysis based on the information you've provided:
1. Date of Birth: September 20, 2000
2. Priority Date (PD): July 23, 2007
3. Visa Availability Date: Unknown (This is crucial for the calculation)
The CSPA age calculation is as follows:
CSPA Age = Age at visa availability - Time petition was pending
Without knowing the visa availability date, we can't make an exact calculation. However, we can provide some insights:
1. You were 6 years old when the petition was filed.
2. The petition was pending from July 23, 2007, until it was approved around 2010. This is approximately 3 years.
3. Your current age is 23 (as of 2024).
For you to be eligible under CSPA, your calculated age needs to be under 21. Given that you're currently 23 and the petition was pending for about 3 years, it's possible that you might still qualify if the visa became available recently.
Key points to consider:
1. Visa Bulletin Date: This is crucial. You need to check the Visa Bulletin for the month when your priority date became current in the F4 category for "Other" countries.
2. "Seek to acquire" requirement: You must have sought to acquire permanent residence within one year of visa availability. Your DS-260 submission on March 21, 2021, might fulfill this requirement if the visa became available around that time.
3. Family unity: The fact that your name is still on the list with your family is a positive sign, but it doesn't guarantee CSPA eligibility.
Recommendations:
1. Obtain the exact visa availability date from the National Visa Center or your immigration attorney.
2. With this date, calculate your CSPA age precisely.
3. Consult with an immigration attorney who can review all your details and provide a definitive answer.
4. Prepare documentation showing your eligibility for CSPA to bring to your interview.
Remember, CSPA calculations can be complex, and individual circumstances can affect eligibility. It's crucial to get professional legal advice to ensure you have the correct determination before your interview.
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