I have been searching these threads and cannot find one that answers my questions so I am starting a new one here..
My grandmother is a US Citizen (born in the US) but lived abroad after the age of 13. In 2001, she sponsored her daughter, my mother, who was well over 21 and married to my father with 4 kids together, for a greencard. The I-130, Category F3, was approved in Dec 2008 and has a priority date of October 1, 2001. There is a visa available in her category etc. and she is currently filing DS 230s for herself, my father and my youngest sister who is 15. As I mentioned, my mother has 4 daughters. I have obviously aged out as has my second sister, which is fine. The question I have is concerning my third sister. She has apparently aged out too - she turned 24 this april but in 2001, priority date, was 14. In Dec 2008, when they received the approval notice she would have been 21. Does she qualify for any of the CSPA/follow to join stuff?
Thank you!
If there was a gap of 7 years between the I-130 receipt and its approval, you sister, who is 24 now, should qualify for CSPA.
she turned 24 this april but in 2001, priority date, was 14. In Dec 2008, when they received the approval notice she would have been 21. Does she qualify for any of the CSPA/follow to join stuff?
Thanks for the response. With a priority date of Oct 1, 2001 and an approval date of Dec 2008, it would be 7 years and some months.. Do you know what forms they should file/steps to take etc?
My mother emailed NVC in Feb 2010 requesting follow-to-join info and received a response that essentially said "this case cannot be reviewed for applicability of CSPA as there is no visa number according to this cases priority date and category". I dont know if it means its inadmissable for CSPA or if it was only at that point in time that CSPA was not applicable (i had interpreted it as the former at the time.. although on re-reading it im thinking the latter..)
Their category became current in Jan 2011 (and seems to have retrogressed since then) but they have received requests to file DS 230s which they are doing so does that mean the case can now be reviewed for CSPA?
For a discussion see: http://www.dhs.gov/xabout/structure/...econ-cspa.shtm
Child Status Protection Act
The CSPA was enacted on August 6, 2002, to provide a remedy for applicants who would have otherwise aged out (turned 21) and lost the possibility of gaining an immigration benefit. The CSPA addresses problems with USCIS processing delays that are not within the control of children beneficiaries, which inevitably caused the beneficiaries to lose their status. The law has different formulas for how the CSPA age should be calculated depending on whether the person is the child of a U.S. citizen, the child of a green card holder, a derivative in the family- or employment-based categories, an asylee/refugee derivative, or a derivative based on the Violence Against Women Act (VAWA). Although it does not protect all applicants, the CSPA ensures that certain family members who turn 21 will not be penalized due to USCIS processing delays.
Married Son or Daughter (and dependants) of a US Citizen