NVC will send another invoice for both of your child once the visa date/priority date confirmed that they are qualified for CSPA. DV applicants also use the DOS Visa Bulletin to determine visa availability. Since your age freezes on the date your stepparent files the Form I-130, you may benefit from the CSPA as long as your stepparent files the Form I-130 before your 21st birthday. You should not have your exam until your interview has been scheduled. The historical versions are provided for research and reference purposes only. In order to include his or her child(ren) on the self-petition as derivatives, the child(ren) must be under the age of 21 and unmarried when the Form I-360 is filed, regardless of whether the child(ren) had a separate or approved Form I-130 when the Form I-360 was filed.[14]. [^ 31] For DVs, the qualifying petition is the DV Program electronic entry form. CSPA (Child age Calculator) - greencardpetitions.com [^ 19] See Part L, Refugee Adjustment, Chapter 2, Eligibility Requirements, Section F, Special Considerations for Refugee Adjustment of Status Applicants, Subsection 2, Child Status Protection Act Provisions [7 USCIS-PM L.2(F)(2)]. The resulting age is known as the applicants CSPA age.. Child of LPR (F2A) Becomes Child of a U.S. Citizen (Immediate Relative). Paying the immigrant visa fee to the DOS; For refugee and asylee adjustment of status (Green Card), see, For family and employment preference and Diversity Visa immigrants, see. When the visa becomes available again, the applicants CSPA age is calculated based on the new visa availability date. Secure .gov websites use HTTPS Applicants cannot rely on the DOS Visa Bulletin alone because the Visa Bulletin merely publishes both charts; it does not state which chart can be used to determine when to file an adjustment of status application. Review our. CSPA (Child Status Protection Act) Calculator - Immihelp [^ 48] For DVs, the date a visa is considered available is the first day on which the principal applicants rank number is current for visa processing. See Part M, Asylee Adjustment, Chapter 2, Eligibility Requirements, Section C, Derivative Asylee Continues to be the Spouse of Child of the Principal Asylee, Subsection 2, Derivative Asylees Ineligible for Adjustment of Status [7 USCIS-PM M.2 (C)(2)]. NVC is asking us to pay IV Application Processing Fees on ceac.state.gov but it only displays names of my husband and I on ceac.state.gov. VAWA self-petitioners and derivatives who do not qualify for CSPA may qualify for age-out relief under VTPVA. For purposes of adjustment of status of a derivative refugee, CSPA protection is not needed because a derivative refugee does not need to remain the child of the principal refugee in order to adjust status under INA 209. [^ 4] In addition to CSPA protections, VAWA self-petitioners and derivatives who turn 21 prior to adjusting status may be eligible for age-out protections provided in the Victims of Trafficking and Violence Protection Act (VTPVA) of 2000, Pub. The formula for determining the length of time the petition was pending is as follows: Approval Date - Filing Date = Pending Time. This guidance becomes effective October 2, 2020. The prospective applicant decides not to file for adjustment of status between March 1, 2020, and March 31, 2021. (recent experience with CSPA). [19], CSPA applies differently to family-sponsored and employment-based preference and DV adjustment applicants than it does to refugee, asylee, and IR adjustment applicants.
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