Ishan Mistry
Mar 7, 2025
Can I do something to help with my case?
My Aunt applied for my dad under the F4 category, back in Nov 2008. The I-130 is not yet approved, neither is the case transferred to ELIS.
My sister would be one of the beneficiary, she is 16 and considering the fact that the current PD is March 2007, is it possible to do something so that she doesn't age out?#f4
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M PatMar 7, 2025
@Ishan Mistry If it is still not approved then it should be good for your sister since there is a rules called CSPA. Rules will apply to the beneficiaries where they will deduct the time take between submission and approval from their age and the new age will be calculated. check online or consult an attorney or immigration agent to know more about CSPA rule.
Za daughter SMar 8, 2025
@Ishan Mistry Nov 2008 and I-130 hasn’t been approved yet? have you tried to call USCIS?
Ishan MistryMar 8, 2025
@Za daughter S My lawyer said we just have to wait. I recently discovered that I am eligible for and could put up a service request for my case online.
Ishan MistryMar 8, 2025
@M Pat yes, ohh it means that I'm also not aged out then? I'm 24 rn.
Za daughter SMar 8, 2025
@Ishan Mistry I have a lawyer too. This is all they are telling you while you are waiting for almost 20 years. just think about this.
M PatMar 9, 2025
@Ishan Mistry You may also be eligible if with CSPA rule your new age comes out below 21. As I mentioned earlier please consult a lawyer or immigration agent. You can use the link for reference only.
https://www.immihelp.com/cspa-calculator/#
FM GMMar 11, 2025
since 2008 & still no approval my friend you need to get in touch with USCIS, get update on your case on your own, don't completely depend on lawyer,...our PD is June 2014, we r also waiting for approval but we still got an update that case moved to ELIS last year....
Chick CMar 23, 2025
@Za daughter S they’re telling you that because it’s true. USCIS don’t rush to approve I-130’s when there is no visa available for many years yet anyway. and for @Ishan Mistry that’s a good thing - the longer it takes the less chance they age out.
Chick CMar 23, 2025
@FM GM nothing a lawyer can do when PD isn’t current anyway. all cases are gradually being moved online, that doesn’t mean anything.
Za daughter SMar 23, 2025
@Chick C do you realize that the approval time line for I-130 is 53 months max. it has nothing to do if your PD is current or not. the fact that the person doesn’t even care to check what is happening with his/her application tells me a lot. I am also amazed by the question “how do I ckeck the status of my application”.
FM GMMar 24, 2025
@Chick C i130 submission year is 2008 & still no approval is not a thing to ignore., it has nothing to do with PD... based on the knowledge of the person asking the question indicate that they need help with their immigration case...hence a lawyer is reqd :)
I am very well aware of the facts that lawyer can't do anything if PD is not current
Ishan MistryMar 25, 2025
@Za daughter S It's not that I didn't care to check what is happening but that there were absolutely no updates whatsoever no matter how long I waited. I started tracking the application from 2022(that's when I was introduced to the existence of the file lol) and it's literally the same status on the status checker tool.
Ishan MistryMar 25, 2025
Thanks for your help guys! @FM GM @Chick C @M Pat @Za daughter S
Chick CMar 26, 2025
@Za daughter S no, it’s not ‘53 months max’. It’s 53 months for 80 % of cases, so 1 in 5 will take longer!
A BJun 1, 2025
@M Pat Do you know if the i-130 can be approved while there is no visa available for her?
M PatJun 1, 2025
@A B Visa availability and I-130 approval are two different things. you can be I-130 approved even if visa is not available. once after approval your case will still sit until the visa is available.
