F2A Child petitioned by a permanent resident

[Meeks24 1]

I have aged out of 21, but hoping CSPA protects me. The best situation for me is I need my I-130 petition to be pending longer so it can be closer to my priority date being current for CSPA to protect me. 

 

DOB: 06/24/1996

PD: Nov 21, 2016

 

Hoping everything goes my way. This may seem backwards to all of you guys that can't wait for your NOA2, but for me waiting longer is better in my case, I'm sorry

 

[chuonglinh 5]

Hi, I think CSPA only works when your visa is available. Your PD is Nov 21, 2016 so i think they will move you to F2B category.

[Meeks24 1]

1 minute ago, chuonglinh said:

Hi, I think CSPA only works when your visa is available. Your PD is Nov 21, 2016 so i think they will move you to F2B category.

My mother petitioned me when I was 20 so yes CSPA applies to me even if I'm already 21 now since I'm still waiting for my NOA2 and PD (:

[chuonglinh 5]

12 minutes ago, Meeks24 said:

My mother petitioned me when I was 20 so yes CSPA applies to me even if I'm already 21 now since I'm still waiting for my NOA2 and PD (:

Again, I think you can only apply for CSPA when your PD Nov 21,2016 become current. If anyone has a different answer , please help.

[Meeks24 1]

1 minute ago, chuonglinh said:

Again, I think you can only apply for CSPA when your PD Nov 21,2016 become current. If anyone has a different answer , please help.

CSPA is not something you apply for. It is only to protect me from acquiring my Immigrant Visa in the future. And I'm hoping it does protect me, and hoping Visa Bulletin will move quickly in the new fiscal year.

[jamaicankim 89]

They are now processing august 2016 and your november 2016. So maybe you'll just get a year off your age when your pd becomes current. Don't know if that's enough for you and hope you don't get push in fb2.

[aleful 1,905]

Spoiler

 

not in your case

 

it might have protected you if you aged out after it was approved, since your petition hasn't been approved yet, you will most likely be approved and your category F2B, you are already over 21 and the petition hasn't been approved yet

 

your Noa 2 will come with the change of category

[Meeks24 1]

30 minutes ago, jamaicankim said:

They are now processing august 2016 and your november 2016. So maybe you'll just get a year off your age when your pd becomes current. Don't know if that's enough for you and hope you don't get push in fb2.

My mom called USCIS just now and an officer told her that since im over 21 my case got switched to F2B. USCIS does not notify people when they age out, instead they follow the age on the petition. This is a good thing for me since on F2B, they are processing may 2015 only. This will give me more time to subtract the petition was pending from my biological age when my PD on F2A becomes current. One thing I have to do is be proactive in calling NVC once my petition has been approved and sent to them to prove that CSPA applies to me. 

[aleful 1,905]

your getting confused

 

cspa doesn't apply to you, if so, they would have left you in the same category

 

once they changed you to f2b, they won't go back. you can say all that you want, but at the end of the day, expect to wait a long time

 

you never were F2A, you were never approved under that category, you will be approved for the F2B category

 

your mom if it was possible, should have filed earlier

 

I wish I was wrong, but now you must check the dates for F2B filing

 

 

[cysco2015 2]

11 hours ago, Meeks24 said:

CSPA is not something you apply for. It is only to protect me from acquiring my Immigrant Visa in the future. And I'm hoping it does protect me, and hoping Visa Bulletin will move quickly in the new fiscal year.

guys i have question , because i am on the same boat as you , and i dont know if you have heard about the news that comes from trump administration tp reform immigration rules and get ride of the old system , does it affect people who already have their application on process ?

[aleful 1,905]

hi

 

first of all the proposal won't get rid of what is in process, it's a reduction and limitation

 

but it won't affect anything ongoing, if the Congress approves, which I doubt, it is always going forward with new petitions

 

 

[cysco2015 2]

32 minutes ago, aleful said:

hi

 

first of all the proposal won't get rid of what is in process, it's a reduction and limitation

 

but it won't affect anything ongoing, if the Congress approves, which I doubt, it is always going forward with new petitions

 

 

thank you , i hope the congress denies it 

[Meeks24 1]

2 hours ago, aleful said:

your getting confused

 

cspa doesn't apply to you, if so, they would have left you in the same category

 

once they changed you to f2b, they won't go back. you can say all that you want, but at the end of the day, expect to wait a long time

 

you never were F2A, you were never approved under that category, you will be approved for the F2B category

 

your mom if it was possible, should have filed earlier

 

I wish I was wrong, but now you must check the dates for F2B filing

 

 

I think you're misinterpreting my case. What i mean by not approved yet is my NOA2. But anyways, I wish myself luck.

 

This is my hope, because I was filed when I was 20 years old and 5 months. 

CSPA allows the time a visa petition was pending to be subtracted from the beneficiary’s biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

[aleful 1,905]

hi

 

nope, cspa doen't apply on F2A unless it was an approved case and you were close to having your interview when you aged out

 

your i130 hasn't been approved yet, the noa2 is the approval of the i130. if you were considered under the cspa, they wouldn't have changed your category

 

you are now F2B,  when noa 2 arrives it will state your category as F2B. your mom filed too close to turning 21,

 

if your mom would have filed when you turned 19, and you already had filed all the documents and paperwork as an F2A, and only awaiting interview, then you would still be considered F2A, because your interview would be only a few months after you turned 21

 

this in not one of those categories where you can subtract years, since the process takes only a year and a half to 2 years to complete as a minor

 

but I wish you the best and that your petition goes quickly

 

 

[Meeks24 1]

11 minutes ago, aleful said:

hi

 

nope, cspa doen't apply on F2A unless it was an approved case and you were close to having your interview when you aged out

 

your i130 hasn't been approved yet, the noa2 is the approval of the i130. if you were considered under the cspa, they wouldn't have changed your category

 

you are now F2B,  when noa 2 arrives it will state your category as F2B. your mom filed too close to turning 21,

 

if your mom would have filed when you turned 19, and you already had filed all the documents and paperwork as an F2A, and only awaiting interview, then you would still be considered F2A, because your interview would be only a few months after you turned 21

 

this in not one of those categories where you can subtract years, since the process takes only a year and a half to 2 years to complete as a minor

 

but I wish you the best and that your petition goes quickly

 

 

I'm sorry but you probably havent read similar cases. People were filed months before they turned 21 and once they were given NOA2, they call NVC and prove that CSPA applies to them, and of course we still have to wait for PD to determine my CSPA age. This is the category where i can subtract my age since a permanent resident filed for my petition in preference class F2A which is written on my NOA1 and as per uscis.gov I am not penalized for the time they did not adjudicate the petition. therefore, there is hope in my case. Sorry to bother you, A little bit more reading would help you understand my case. 

Edited August 4, 2017 by Meeks24