WHAT DO I DO WHEN I HAVE AGE 21 YEARS AND DO NOT HAVE A NAME IN THE GUARANTEE DOCUMENT? - SG VISA

WHAT DO I DO WHEN I HAVE AGE 21 YEARS AND DO NOT HAVE A NAME IN THE GUARANTEE DOCUMENT?

Question
Hello, I have an F4 sponsorship profile, priority date of July 16, 2002. Date of approval approval October 20, 2009. The date of the interview at US Consulate in Ho Chi Minh City is September 18, 2015 but in the list. only one child under age 21, and children over 21 are not named. What should I do to get all my children to go with my family? Please ask how age is calculated. Thank you and expect the explanation. Mainly sponsored by Domi Nguyen Chi Cong.
Reply
Dear Mr. Domi, Huy Ton and SG VISA family would like to thank you for your case and wish your family to be sponsored together soon.
As you know, his sponsorship profile is F4, which is the guarantee of brothers and sisters. In this regard, the couple and their children under 21 years old are also eligible for immigrant visa under his sponsorship.

As far as SG VISA is concerned, there are only one under-21s in his sponsored file, and 21-year-olds are not named. In this case, the USCIS has introduced the CSPA to address cases like yours.
The CSPA of 2002 took effect on 6 August 2002. This law is intended to keep the status of single children under the age of 21 for children of primary applicants who are over 21 years of age before being granted a visa due to waiting in the visa process. The guarantee for too long has resulted in too many unresolved paperwork. The CSPA only applies if the application satisfies one of the following conditions:

  1. The immigrant visa petition is approved immediately after August 6, 2002.
  2. The applicant was over age after 06/08/2002 (entitled to an additional 45 days).
  3. The applicant was over age before August 6, 2002 but had applied for a visa before he was too old and was denied under Section 221.
  4. Applicants must file a CSPA within one (1) year of the date the visa expires (filing date).

Age according to the CSPA is the result of the applicant’s actual age on the date the application is filed minus the total number of days the claim is awaited at the Department of Immigration (USCIS). Receipt of applications until the application is approved, including all waiting periods for the application to be considered. The date of the petition and the date the petition is approved is the date on which this case is used. The waiting time for a work permit or waiting period for a review to be considered will not be counted under this law.

In order to calculate the age of 21-year-olds who are able to accompany their immigrant parents to the United States, we first need the following information:

  1. Priority date of Priority date records.
  2. Date of application approved by USCIS.
  3. Record date to turnaround.
  4. The date of birth of the child.

The calculation of age is as follows:
First, we will look at how long the delay is, by getting the approval date minus the priority date. Here, your case, the approval date is October 20, 2009 and the priority date is July 16, 2002. So the delay time is 7 years. (first)
Next, we calculate the age of the child when the record is resolved. Take the date of the case to the resolution minus the date of birth of the child. According to him, the filing date for the resolution (interview at the US Consulate) is September 18, 2015. He deducts the date of birth of the children who will be out of their age when the records arrive. turnaround. (2)
Finally, to determine age under the CSPA, ie the age applied under the Childhood Injury Act, under age 21, we take the age of the child when the case is resolved (2) minus the time postponed (1).
If you follow the above steps, your CSPA age is 21 or under, and you will be eligible for family and vice versa.
Therefore, the longer the waiting time, the better the CSPA age of the children.
SG VISA hopes to answer some of your questions and interested readers alike. If you and other readers have other questions, please contact SG VISA for further details. Wish his family together soon to go to the United States and have a happy life full.
Huy Ton and SG VISA Team.