I would really appreciate it if someone could confirm my CSPA calculation below:
Father's I-140 (EB-3) Receipt Date: April 22, 2004
Father's I-140 (EB-3) Priority Date: April 30, 2001
Father's I-140 (EB-3) Notice (Approval) Date: June 1, 2004
Son's Date of Birth: June 21, 1982
EB-3 current date: March 1, 2006 (the day the Priority Date of April 30, 2001 became current on the Visa Bulletin)
Son's CSPA Age: 20 yrs 7 Mnths -> calculated by subtracting the Son's age on March 1, 2006 from the time case was pending (Priority Date to Approval Date: 3yrs 1 Mnth)
Thank you very much.NOTE: this request is only for my information, I will not be holding this against anyone or using it for any other purpose.
Son was 23 years, 8 months old when priority date became current. If visa petition was pending 3 years and 1 month, his CSPA age is indeed 20 years, 7 months. CSPA requires that he "sought to acquire" permanent residence within one year after his priority date became current.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Under the facts you give, your child has aged out even after the application of the CSPA formula. The error you are making is including the time from the filing of the Labor certification in the calculation. Only the time the I-140 was pending is used in the formula. That time is 40 days.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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