Q: Eligibility for migration under F3 category with current priority date.
My grandmother petitioned my father under the F3 category with a priority date of July 19, 2004. While I don't know the exact approval date of the petition, our case number is MNL2005*****. In April 2025, our priority date will be current for filing. I am 29 years old, my sister is 30, and my elder brother is 32. We have all remained in the Philippines since the petition and are involved in the process. With our father's petition still at the NVC and no delays or welcome letters received, are we still eligible to migrate with him, or have we aged out?
A: Overaged children of principal beneficiaries may qualify to accompany if eligible under the Child Status Protection Act. Work with an immigration attorney.
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A:
Your family's F3 petition (for married sons and daughters of U.S. citizens) with a July 2004 priority date is approaching current status for filing in April 2025. The important factor here is your "CSPA age" rather than your biological age. Your CSPA age is calculated by subtracting the time the petition was pending with USCIS from your biological age on the date the visa becomes available. This means the time between when your grandmother filed the petition and when it was approved is subtracted from your current age.
Unfortunately, the news isn't good for derivative beneficiaries in F3 cases who age out. If derivatives in the F3 category age out before the priority date becomes current (using Chart A, not Chart B), they "do not convert to any category but instead lose what status they had." Since you and your siblings are all over 21 biologically, your eligibility will depend on whether your CSPA age calculation puts you under 21 when your priority date becomes current for final action (Chart A), not just for filing (Chart B).
You should immediately contact the National Visa Center to request your exact CSPA age calculation. You must take action to seek to acquire lawful permanent resident status within one year of your visa becoming available by submitting your DS-260 application. Given that you and your siblings are close to or past the age cutoff, getting professional immigration assistance to determine your exact eligibility would be very helpful for your family's case.
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