Thread: I over-aged!
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02-15-2011, 05:12 PM
Junior Member
Joined in Jan 2008
10 posts
Hope this helps someone, this is my experience of the CSPA rule. It started as a question from dream-hope, which I hope everything worked out for him.

Originally Posted by dream_hope
Hi! As you know, I'm adjusting through CSPA. May I ask how old you are (or were at the time the visa bulletin became current)? How long was your i-130/i-140 pending? What category of visa was it? Was it F4 like the rest of us on that thread?

How was your interview? Did they calculate your age there or what? Sorry I have so many q's, lol... I'm just nervous about this whole thing

Congrats on the g-card When did you have your interview?

My case was a bit different and it combined many factors. Its kinda long but maybe it helps you.

First my mother's brother filed a F4 visa for her in 1998. Two or three years later my older sister got married with a U.S citizen and 3 years later became U.S citizen herself. Then she petitioned my parents for a green card. They received their green card in oct. 2003.

After they got their green card they petitioned my younger brothers with a immigration receipts date of Jan. 2004.

Like a year ago my dad became U.S citizen and petitioned my younger brothers which are 19; they became U.S residents shortly after.

Now this is where it might get confusing and this includes my case background. Like you know might know I cannot get petitioned with my dad being U.S. Citizen which really doesn't help me. Since I am from Mexico I would have to wait forever for a visa to become current even if he filed a petition back in 2004. In my case, CSPA applies for U.S citizens who their children are 20-11 months for example and this would freeze their age. Now, I wont apply for this because I was already 24 when he became citizen. The other option is deduct the years the I-130 was pending, which was 3 years and 9 mo for a U.S Resident. This set my age at 20 and 9 months or something close to that. I only had a few months to apply for a green card because if I waited a bit more I would have been denied.

This is the process. I came to the United States through a tourist visa and overstayed. However, this did not help me, I needed a 245I to adjust my status in the U.S. Remember that F4 mentioned earlier, well this was my ticket to adjust in the country. Another problem was that my dad became U.S. Citizen, so the lawyer had to explain that it was a innocent mistake. Because for them it was better for my father to be a U.S. Resident and for USCIS purposes consider me as F2A still.

USCIS received my money on July. 2010.
Biometrics appointment in Aug. 23 2010
The interview appointment in Oct. 27 2010.
I was really nervous of the interview. Questions she ask me was trivial questions like where were you born? father name? mothers name? did you enter legally? did you pay the fee? what are you doing working or are you going to school? In all I was nervous she would say that my father was a U.S citizen and the part of the CSPA that I used applied to U.S residents. But she never even mentioned CSPA.

Well thats my experience. I am pretty sure everything will be ok with you as well. I had doubts that the CSPA would work since we went to two other lawyers and did not want to get my case. I guess their just lazy and want easy cases. I am going to save this on word so I would laugh of my experience if god permits in 5 years from now. Other questions pm me.
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