485 F2A been denied because over 21 yrs old

[Razliubit 0]

Hello All.

I came to USA as a student. My Mom petitioned for me once she got LPR. At that time, I was 20 years and 7 months old. The i130 waited for 5 months to get approved, and I was about to be 21 years old at that time.

Then we filed 485 on October 2015 when the Table B available. I was 21 and 7 months at that time. According to USCIS website, my CSPA age should be a little bit over 21. But we didn't know that when we filed 485. By the way, I have graduated during my 485 was pending (I20 ended).

Last week we went to an interview, the Officer said my CSPA age was 21.013, so she decided to deny my application. (I haven't received the notice yet since she promised to give us some time.)

In this case, I have several questions:

1. Is it possible for me to find a new school and transfer to F1 or any other non-immigrant visa? Although the USCIS officer also suggested us to do so, I'm afraid that I'll be denied since I have had the immigration intention.

2. Is it possible for us to appeal and switch from F2A to F2B category?

3. Should we file F2B petition? In this case, will De Osorio v. Mayorkas (9th Cir. 2012) cover, thus we can use the old priority date?

Any suggestion or help is appreciated.

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By the way, it is so ridiculous that CSPA age is decided by the date visa becomes available. If we file early, visa is not available yet. If we file late, we are going to over-age. Then we just wasted the money for the petition. Now also the money for 485.

[Boiler 43,381]

Why not stay at your current school?

It is factual, the dates you mention do not suggest a miscalculation

You should be automatically moved to F2B as you no longer meet F2A requirements, That case was overturned.