Q: CSPA eligibility concerns for F3 petition with priority date July 2004 and impact on visa processing.
My grandmother filed a petition for my father under F3 with a priority date of July 2004. The case number is MNL2005. We recently received a welcome letter, which means the priority date matches the original petition date. I'm concerned about my eligibility under the Child Status Protection Act (CSPA) because I am currently 30 years old, and the pending time seems to be just 1 year, making it unlikely I'll qualify under CSPA. We haven't paid the visa fees yet, as we're not current for the final action date, and we want to avoid paying if I'm over age, especially since the fees are non-refundable. Could you provide insight into whether the approval date might have been around 2005 and any advice on CSPA eligibility in this scenario?
A: To determine eligibility as a derivative under the CSPA, subtract the time the petition was pending from your age when the priority date becomes current. If it turns out to be under 21, you may qualify as a derivative.
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A:
Given that your grandmother filed an F3 petition for your father in 2004, and you are now 30 years old, the Child Status Protection Act (CSPA) could potentially apply to protect your eligibility. The CSPA allows certain individuals who would otherwise age out of the process to retain their eligibility for an immigrant visa. However, under the CSPA, the "age-out" protection is based on the difference between the priority date and the date the petition is approved.
The priority date of July 2004, along with the processing time for the petition, could have resulted in a case approval around 2005. However, based on your age and the relatively short pending time, it may be difficult for you to qualify for CSPA protection. Since the final action date is not yet current, you should wait until your priority date becomes current to determine if you still qualify.
It’s important to refrain from paying visa fees until you are sure that you are eligible under the CSPA. Once the priority date becomes current and you have a clearer understanding of whether your age will be protected under the CSPA, you can proceed with the next steps. It may also be helpful to consult with an immigration attorney to fully understand how CSPA applies to your situation.
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