age out please help!!!!!!

[naveed ahmed]

MY UNCLE FILED I-130 FOR MY MOTHER ON 10-6-2003.WE GOT APPROVAL NOTICE(ON 10 JUN 2010) BUT VISA NUMBER IS NOT AVAILABLE NOW ,SO WE HAVE TO WAIT TILL OUR PRIORITY

DATE BECOME CURRENT.NOW AM 20 YEARS OLD AND WILL TURN 21 THIS SEPTEMBER(2012).NOW CURRENT PRIORITY IS DEC 2000,SURELY IT GONNA TAKE TIME FOR OUR DATE TO BECOME CURRENT,CAN I ACCOMPANY MY MOM TO USA AFTER I TURN 21??????PLEASE HELP . HOW DOES CSPA GONNA HELP ME??????

[Nick-Boston]

For GC purpose, your age is frozen as of 2003. You will also get GC at the same time as your mother.

[catx]

For GC purpose, your age is frozen as of 2003. You will also get GC at the same time as your mother.

I think this is incorrect.

From my understanding of CSPA and information from my immigration lawyer, the time when the I-130 was pending (between the date it was filed and approved) is added to your age. Your age is only frozen once the beneficiary's priority date is current and an I-485 has been filed for them.

My experience is from employment immigration. Even with the 6 months added to my son's age for the I-140 approval he aged out this year (after being in the U.S. legally for 16 years). I had to switch him from an H-4 to a F-1 visa so he could finish his college degree next year.

[BigJoe5]

CSPA is highly complex BUT if you want the simple answer and I think you do.....YOU will not get a visa based on that I-130 filed by your uncle for your mom.

You will not have to even consider being seperated from mom for over a decade at which time you would likely not still be living with her.

Of course that is a simple response to simple question. There are many other factors that you have not even thought of asking about or telling us about.

Are you inside or outside the U.S.? IF inside, are you legally present? IF unlawfully present, are you an EWI or an overstay?

Are you pursuing an education? If yes, as an F-1 or in your home country?

And the list goes on..............

[naveed ahmed]

I think this is incorrect.

From my understanding of CSPA and information from my immigration lawyer, the time when the I-130 was pending (between the date it was filed and approved) is added to your age. Your age is only frozen once the beneficiary's priority date is current and an I-485 has been filed for them.

My experience is from employment immigration. Even with the 6 months added to my son's age for the I-140 approval he aged out this year (after being in the U.S. legally for 16 years). I had to switch him from an H-4 to a F-1 visa so he could finish his college degree next year.

thanks for replying, well i have read about CSPA and according to it the time taken for approval (between the date it was filed and approved) is subtracted from your age.in my case its 7 years and 4 months so even my mom immigration come after 2 or3 years,at that time my actual age would be 23 or 24.but according to CSPA it would be (23 -7 years 4 month=16 years and 6 month) so according to this rule am eligible to immigrate to USA.

[naveed ahmed]

CSPA is highly complex BUT if you want the simple answer and I think you do.....YOU will not get a visa based on that I-130 filed by your uncle for your mom.

You will not have to even consider being seperated from mom for over a decade at which time you would likely not still be living with her.

Of course that is a simple response to simple question. There are many other factors that you have not even thought of asking about or telling us about.

Are you inside or outside the U.S.? IF inside, are you legally present? IF unlawfully present, are you an EWI or an overstay?

Are you pursuing an education? If yes, as an F-1 or in your home country?

And the list goes on..............

thanks for replying sir,

sir i have read about cspa recently and it says time taken for approval (between the date it was filed and approved) is subtracted from your age.in my case its 7 years and 4 months so even my mom immigration come after 2 or3 years,at that time my actual age would be 23 or 24.but according to CSPA it would be (23 -7 years 4 month=16 years and 6 month) so according to this rule am eligible to immigrate to USA.

DID I UNDERSTOOD IT CORRECTLY ??????

and i am currently residing in India and i have never visited USA

[BigJoe5]

thanks for replying sir,

sir i have read about cspa recently and it says time taken for approval (between the date it was filed and approved) is subtracted from your age.in my case its 7 years and 4 months so even my mom immigration come after 2 or3 years,at that time my actual age would be 23 or 24.but according to CSPA it would be (23 -7 years 4 month=16 years and 6 month) so according to this rule am eligible to immigrate to USA.

DID I UNDERSTOOD IT CORRECTLY ??????

and i am currently residing in India and i have never visited USA

Here is a link to the USCIS page on this topic: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=10409fed09eb9110VgnVCM1000004718190aRCRD

[BigJoe5]

http://www.justice.gov/eoir/vll/intdec/vol25/3646.pdf Matter of Wang, 25 I&N Dec. 28 (BIA 2009).

The above case denying CSPA benefits to 4th Pref derviatives is being challneged in the 9th Circuit:

http://www.ca9.uscourts.gov/datastore/uploads/enbanc/09-56786pfr.pdf

Cuellar De Osorio v. Mayorkas, 09-56786+

Three-Judge Panel Opinion: 656 F.3d 954 (9th Cir. 2011)

Order Taking Case En Banc: 2012 WL 1379665 (9th Cir. April 20, 2012)

Date of Order Taking Case En Banc: April 20, 2012

Status: Calendared June 19, 2012, 10:00 a.m., Pasadena, California.

Members of En Banc Court: Not yet available

Subject Matter: Appeal of the district court’s summary judgment upholding the Board of Immigration Appeals’ determination finding that appellants’ children were not entitled to relief under the Child Status Protection Act.

Holding: Not yet decided

[BigJoe5]

Typo! above Shoiuld be 2nd pref not 4th. However, the 9th Circuit is very important in immigration caes and should not be ignored when dealing with something like this, namely: CSPA.

[BigJoe5]

A new BIA Precedent came out today (May 8, 2012) it discusses CSPA in another context but every little bit helps to improve an overall understanding of CSPA.

Matter of A-Y-M-, 25 I&N Dec. 791 (BIA 2012)

Held: Following the enactment of the Child Status Protection Act, Pub. L. No. 107-208, 116

Stat. 927 (2002), an unmarried alien seeking derivative asylum status based on the approval

of his or her parent’s application for asylum who turned 21 while the application was

pending continues to be classified as a “child” for purposes of qualifying for derivative

status under section 208(b)(3)(B) of the Immigration and Nationality Act, 8 U.S.C.

§ 1158(b)(3)(B) (2006).

Here is the link to it: http://www.justice.gov/eoir/vll/intdec/vol25/3750.pdf

[catx]

sir i have read about cspa recently and it says time taken for approval (between the date it was filed and approved) is subtracted from your age.in my case its 7 years and 4 months so even my mom immigration come after 2 or3 years,at that time my actual age would be 23 or 24.but according to CSPA it would be (23 -7 years 4 month=16 years and 6 month) so according to this rule am eligible to immigrate to USA.

DID I UNDERSTOOD IT CORRECTLY ??????

and i am currently residing in India and i have never visited USA

If I am reading the posts correctly, the I-130 your uncle filed for your mom was pending in the USCIS for 7 years and 4 months (88 months) -- that does not seem right. I checked the service center processing times and the longest for I-130 was 28 months. I would check your I-130 documentation carefully, and as BIgJoe5 said, with the complexity of the CSPA, subsequent court rulings, and court cases it is recommended that you get advice from a knowledgeable immigration attorney.