245i/sibling petition/aging out
 

These questions are for those who know a lot about 245i and/or have experience with it.

1. My aunt, a USC, petitioned my dad in 2001. Looking at his I-797 notice of action (approval of I-130) we see the following dates

Receipt date: July 20th, 2001
Priority date: April 30th, 2001
Notice date: July 13th, 2006

He was in the U.S. before December 2000. Does the priority date mean he qualifies under 245i? Or is the July date the one that counts?

2. I'm currently 21 (almost 22) years old, but when my aunt applied for my dad I was 12. I was included in his application. Can I still adjust through him or did I 'age out'?

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Thank you for any info!!!

Re: 245i/sibling petition/aging out
 

You may want to check out immigrate2us.net. They have a wealth of information and some very knowledgeable members. It wouldn't hurt to comb through their threads or post your question there.

Hope it helps.

Re: 245i/sibling petition/aging out
 

Thanks Ark! I love that website and I indeed asked my question there, but it seems like the family visas forum is pretty slow :( I'm really nervous about this and I've been asking around, but still no answer :(

Re: 245i/sibling petition/aging out
 

Yes, he is qualified under 245i (you too). The priority date is the most important date for 245i. He just needs to show proof of presence for Dec. 2000.

You might/should be able to adjust with him under CSPA. The best thing to do is to consult with a lawyer before filing any adjustment papers but since they are working on Jan 2001 and your father's PD is 4/30/2001.. I'm thinking you might qualify due to the amount of time the I-130 was pending.

GL! My sis' case is under review to see if she is still considered "a child" for immigration purposes.


http://immigration.lawyers.com/ask-a...sues-7545.html

I'm not sure how accurate the calculator found here is but you can try it (I've been reading up on this for the past few months lol).

Re: 245i/sibling petition/aging out
 

Hi!
I've read about the CSPA thing before but I always assumed it only applied to those who have a pending I-485, as to me the I-130 doesn't have that much value (it's just a proof of relationship, isn't it?) not exactly a petition. If the I-130 is good enough then I'm pretty sure I'd qualify, since we've been waiting for almost 10 years and I'm only 22. How old is your sister? How long did she wait for her petition? Was it a I-485 or I-130?
Thank you for your help!

Re: 245i/sibling petition/aging out
 

According to the calculator I qualify. They take the date from when it was approved (in my dad's case, July 2006) and when the visa became available (I'm guessing August 2010). They say my age for CSPA purposes is 16.5 years. Did the calculator work for your sister? Was she denied in her interview? Why is her age being reviewed?

Sorry I have so many questions!

Re: 245i/sibling petition/aging out
 

It is a petition:"Petition for Alien Relative." It's also very important... lol I aged out (I-140) but since some I-130 can take years to be approved, I've read about 26-27 y/o adjusting with their parents under CSPA.

My sis is almost 23 but the I-485 was filed a day before her bday lol.
The I-140/took about 2 years but she was still under 21 according to my calculations and the calculator.

Well, they didn't flat-out deny her and the lawyer reviewed the case before the interview and said everything was clear. I think it's just a formal review to make sure that everything's clear because you're supposed to file within 1 year of visa availability for CSPA to work. It's pretty complicated so it's just wait and see... and hope for the best. Still waiting...

Re: 245i/sibling petition/aging out
 

I'll be hoping for the best. Hopefully I can find an immigration lawyer that doesn't want both of my arms and legs so I can ask him,lol.

I really do hope the I-130 counts, especially since I'm not a direct beneficiary (I'm a derivative beneficiary). I'm more worried about my parents' status though, because my boyfriend and I are hoping to get married next summer.

Thanks for the encouragement, Wondering! It's nice to see other people have been through similar situations and that haven't been completely shot down...

Re: 245i/sibling petition/aging out
 

Lol, true. That's why I posted the link with the lawyer's answer because the case is similar to yours. I mean, my mom has to speak to our lawyer so maybe I can ask her to sneak in the question about CSPA lol.

I think your parents will be fine. My parents got approved this year without any problems. My sis also got married and adjusted under 245i... that went really smoothly, also.

You're welcome and good luck :)

(I think Ianus can always confirm or correct.)

Re: 245i/sibling petition/aging out
 

We have the same exact priority date. Well our fathers. Except Im still 19.
We're close!!!!