TODAY OM VISA CONSULTANCY TELLS US ABOUT THE GREATEST PROCESS OF CSPA FOR IMMEDIATE RELATIVES, FAMILY AND EMPLOYMENT PREFERENCE AND DIVERSITY VISA IMMIGRANTS, PENDING TIME, AND FINALLY ON SOUGHT TO ACQUIRE REQUIREMENTS.
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CSPA FOR IMMEDIATE RELATIVES
If you are an immediate relative, a VAWA self-petitioning abused spouse or child of a U.S. citizen, or a derivative child of a VAWA self-petitioning abused spouse or child of a u.s. citizen, your age is frozen on the date the form 1-130 or form 1-360 is filed. If you were under the age of 21 at the time the petition was filed, you are eligible for CSPA and will not age out. However, you must remain unmarried in order to qualify.
If the petitioner of a pending or approved immediate relative spousal petition dies, their spouse's form 1-130 automatically converts to a widow's form 1-360. The widow's children, if any, who are under the age of 21 and unmarried at the time of the petitioner's death can be classified as derivatives on the automatically converted form 1-360 and therefore qualify for the CSPA.
CSPA FOR FAMILY AND EMPLOYMENT PREFERENCE AND DIVERSITY VISA IMMIGRANTS
If you are a family preference, employment-based preference, or DV applicant, your CSPA age is calculated by subtracting the number of days your petition was pending from your age on the date an immigrant visa becomes available to you. However, you must remain unmarried in order to qualify.
AGE AT THE TIME OF VISA AVAILABILITY
The date the visa is considered available is the later of these two dates:
- The date the petition was approved; or The first day of the month of the department of state visa bulletin that indicates that a visa is available for you in the Final Action Dates chart.
- For DVs, the date a visa is considered available for CSPA purposes is the first day on which the Department of state can allocate a visa number based on the principal applicant's rank number.
PENDING TIME
The length of time a petition was pending is the number of days between the date that it is properly filed and the approval date. The formula determining the length of time the petition was pending is as follows:
- Approval Date-Filing Date=Pending Time
SOUGHT TO ACQUIRE REQUIREMENT
In order to benefit from CSPA as a family preference, employment-based preference, or DV applicant, you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you. This is referred to as the "sought to acquire" requirement.
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