Jump to content
Meeks24

F2A Child petitioned by a permanent resident

 Share

30 posts in this topic

Recommended Posts

Filed: FB-1 Visa Country: Jamaica
Timeline
9 hours ago, aleful said:

then I apologize if I am wrong

 

hope you get what you want

 

 

@aleful is correct. i was looking at you pd and not your birth date. that kind of cspa when your age freezes at pd is when your parent is a citizen not permanent resident.

Link to comment
Share on other sites

Filed: F-2A Visa Country: Philippines
Timeline
13 hours ago, jamaicankim said:

@aleful is correct. i was looking at you pd and not your birth date. that kind of cspa when your age freezes at pd is when your parent is a citizen not permanent resident.

Then why did USCIS included CSPA relief for family preference class for permanent resident filing for a minor beneficiary? 

Edited by Meeks24
Link to comment
Share on other sites

Filed: Timeline
On 8/4/2017 at 10:45 PM, Meeks24 said:

Then why did USCIS included CSPA relief for family preference class for permanent resident filing for a minor beneficiary? 

As others have said, qualification for CSPA relief can only be determined when your PD  is current.  There is no way USCIS can determine that you would benefit by CSPA, since there isn't a petition approval date and your PD is not current so they don't have the necessary data.  

 

As you are 21, there is no way they can approve a category you do not qualify for at the time of approval..  Your mother petitioned for her relative --- you --- with what she thought was an apprpopriate visa category listed.   However, USCIS actually assigns the appropriate visa category at the time of approval.  A similar situation is applying for an IR-1 that is changed to an CR-1 if the couple has been married less than two years.

Link to comment
Share on other sites

Filed: F-2A Visa Country: Philippines
Timeline
14 hours ago, jan22 said:

As others have said, qualification for CSPA relief can only be determined when your PD  is current.  There is no way USCIS can determine that you would benefit by CSPA, since there isn't a petition approval date and your PD is not current so they don't have the necessary data.  

 

As you are 21, there is no way they can approve a category you do not qualify for at the time of approval..  Your mother petitioned for her relative --- you --- with what she thought was an apprpopriate visa category listed.   However, USCIS actually assigns the appropriate visa category at the time of approval.  A similar situation is applying for an IR-1 that is changed to an CR-1 if the couple has been married less than two years.

I'll just wait for my PD...Thanks. I'm in a "wait and see" situation, that's why I can't get any clear answers from anyone.  

Link to comment
Share on other sites

Filed: Timeline
10 hours ago, Meeks24 said:

I'll just wait for my PD...Thanks. I'm in a "wait and see" situation, that's why I can't get any clear answers from anyone.  

You've gotten clear answers...you just don't like or agree with them. 

Edited by jan22
Link to comment
Share on other sites

also agree with @jan22 and @aleful ... @Meeks24 you have to do more research about it. But I'm pretty sure that CSPA won't apply until your PD is current (which is not, Visa available for PD before 22Sep15). I think you need to focus on F2B Visa Bulletin now (wait for 10 years). Wish you best of luck.

Link to comment
Share on other sites

Filed: Timeline
30 minutes ago, Meeks24 said:

I do, it's just that nothing can be sure at this time. 

It's pretty clear if you just look at the dates involved --  

 

     USCIS (CSC) is taking approximately 1 year to adjudicate F2A petitions (currentry on Aug 2016);

     Current PD for F2A visa is almost 2 years out (Sept 2015);

     Short time between petition filing and your 21st birthday (few days more than 7 months).

 

You need to plan to wait for an F2B visa.

Link to comment
Share on other sites

Filed: F-2A Visa Country: Philippines
Timeline
23 minutes ago, chuonglinh said:

also agree with @jan22 and @aleful ... @Meeks24 you have to do more research about it. But I'm pretty sure that CSPA won't apply until your PD is current (which is not, Visa available for PD before 22Sep15). I think you need to focus on F2B Visa Bulletin now (wait for 10 years). Wish you best of luck.

thanks! will do

Edited by Meeks24
Link to comment
Share on other sites

On 8/3/2017 at 7:44 PM, 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.

I think you got confused by the system. PD Nov 2016 is the date when your visa category is available to apply. The processing date that you mentioned above is the date they working on your case after its approved.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Algeria
Timeline

Hey guys

I called NVC to ask them about CSPA and witc chart they use to define your visa availability! So you can calculate your age, and they told me the chart B witch is date for filing . My quastion is: does any one has experience or knows someone who has same experience on this matter and if what they told me at nvc is true ? 

Thank you in advance 

Link to comment
Share on other sites

Filed: Country: India
Timeline
On 8/4/2017 at 10:46 AM, Meeks24 said:

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. 

Interesting case and positive thinking...wish you best of luck...you can raise your concern only after your  PD become current for F2A and your case remain pending for more than 16 months at USCIS...because as per current trend PD for Nov 2016 might be current in Oct or Nov 2018...if both of the above conditions will be in your favour and/or your age remains under 21 after applying CSPA then you must give it a shot and appeal to NVC to reconsider your case, who knows what is hidden there in the wheel of fortune and there is nothing to loose if your appeal may turned down...if otherwise than it will proved to be a jackpot...so keep your finger crossed and hope that processing might go beyond Apr/May 2018 to let you remain under 21through CSPA...best of luck again.

Link to comment
Share on other sites

Filed: Country: India
Timeline
On 8/4/2017 at 5:48 AM, Meeks24 said:

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. 

What is your source for F2b processing information for May 2015. I applied for my daughter in OCT 2015 for F2B and her I-130 got processed by USCIS in Apr 2016 and alloted Visa Number that too after submitting a RFE

Link to comment
Share on other sites

  • 2 weeks later...
Filed: F-2A Visa Country: Philippines
Timeline

@koolwinder

On 8/16/2017 at 8:53 PM, kulwinder singh said:

What is your source for F2b processing information for May 2015. I applied for my daughter in OCT 2015 for F2B and her I-130 got processed by USCIS in Apr 2016 and alloted Visa Number that too after submitting a RFE

I-130 Processing times for CSC

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...