F2A-beneficiary turned 21 1/12. Is he protected by CSPA?

[Air Force Wife 6]

Hello, my brother just turned 21 on 1/12/15.PD:8/5/13. Is he protected by CSPA?

My mother petitioned for all 4 of my siblings together and he is the oldest one, the other 3 kids are ages 17 and below. Thanks for your help :-)

[Phillip Kazuto 28]

If the petition was approved prior to his 21st birthday then he is good.

You need not to worry , his age has 'frozen out' by CSPA.

Their interview are around the corner =) good luck to them.

Edit : At first attempt i thought they are having May PD but well they are having August PD.

Edited January 14, 2015 by Phillip Kazuto

[Air Force Wife 6]

If the petition was approved prior to his 21st birthday then he is good.

You need not to worry , his age has 'frozen out' by CSPA.

Their interview are around the corner =) good luck to them.

Edit : At first attempt i thought they are having May PD but well they are having August PD.

Thank you!!

[NigeriaorBust 4,087]

you subtract the petition acceptance date from the petition approval date and remove that much time from the persons age. IF he is under 21 he is ok . The lock mentioned earlier is only for petitions sent by USC's for their children.

[Air Force Wife 6]

you subtract the petition acceptance date from the petition approval date and remove that much time from the persons age. IF he is under 21 he is ok . The lock mentioned earlier is only for petitions sent by USC's for their children.

Thank you! I'm starting to have second thoughts.. I called NVC and they cant never answer my questions..

[aaron2020 11,651]

If the petition was approved prior to his 21st birthday then he is good.

You need not to worry , his age has 'frozen out' by CSPA.

Their interview are around the corner =) good luck to them.

Edit : At first attempt i thought they are having May PD but well they are having August PD.

This is incorrect.

Age freezes when the PD becomes current in the family preference categories.

Approval of the I-130 does not freeze anything.

Without knowing how long it took USCIS to approve there is no way to give the OP an answer.

Here is the dirty tool. However long it took USCIS to approve the I-130 is the amount of time the beneficiary has after his 21st birthday waiting for his PD to be current to benefit from CSPA.

For example: if it took 10 months to approve the I-130, then the beneficiary has an additional 10 months of CSPA protection after his 21st birthday for his PD to become current and CSPA protects him. After the 10 months and his PD is not current, then he ages out and can not retain his F2a category.

[apple21 953]

This is incorrect.

Age freezes when the PD becomes current in the family preference categories.

Approval of the I-130 does not freeze anything.

Without knowing how long it took USCIS to approve there is no way to give the OP an answer.

Here is the dirty tool. However long it took USCIS to approve the I-130 is the amount of time the beneficiary has after his 21st birthday waiting for his PD to be current to benefit from CSPA.

For example: if it took 10 months to approve the I-130, then the beneficiary has an additional 10 months of CSPA protection after his 21st birthday for his PD to become current and CSPA protects him. After the 10 months and his PD is not current, then he ages out and can not retain his F2a category.

According to OP's signature, her brother's PD is 08/05/13. NOA2 date is 08/27/13. That's 22 days difference only. So he aged out already?

Sorry, just trying to figure out CSPA.

Edited January 16, 2015 by apple21

[Air Force Wife 6]

According to OP's signature, her brother's PD is 08/05/13. NOA2 date is 08/27/13. That's 22 days difference only. So he aged out already?

Sorry, just trying to figure out CSPA.

Im afraid so =(

This is incorrect.

Age freezes when the PD becomes current in the family preference categories.

Approval of the I-130 does not freeze anything.

Without knowing how long it took USCIS to approve there is no way to give the OP an answer.

Here is the dirty tool. However long it took USCIS to approve the I-130 is the amount of time the beneficiary has after his 21st birthday waiting for his PD to be current to benefit from CSPA.

For example: if it took 10 months to approve the I-130, then the beneficiary has an additional 10 months of CSPA protection after his 21st birthday for his PD to become current and CSPA protects him. After the 10 months and his PD is not current, then he ages out and can not retain his F2a category.

Thanks for your help.

[Air Force Wife 6]

Im afraid so? =(

Thanks for your help.

[apple21 953]

I wish all the best for your brother. Don't worry it's not over till the fat lady sings.

[Air Force Wife 6]

I wish all the best for your brother. Don't worry it's not over till the fat lady sings.

:-) thanks

[aaron2020 11,651]

Just went to "Full Version" to see the OP's timeline.

Retrogression affects this case.

If the DS-230/DS-260 was filed before his PD retrogress in Dec. 2013, then his age froze the first time his PD became current in 2013 and his CSPA age would be under 21.

If the DS-230/DS-260 was filed after his PD retrogress end and no longer was current, then his age will not freeze until his PD becomes current again.

The lesson for anyone who may age out with a current PD is to file fast before retrogression to freeze the CSPA age.

[Air Force Wife 6]

Just went to "Full Version" to see the OP's timeline.

Retrogression affects this case.

If the DS-230/DS-260 was filed before his PD retrogress in Dec. 2013, then his age froze the first time his PD became current in 2013 and his CSPA age would be under 21.

If the DS-230/DS-260 was filed after his PD retrogress end and no longer was current, then his age will not freeze until his PD becomes current again.

The lesson for anyone who may age out with a current PD is to file fast before retrogression to freeze the CSPA age.

Edited January 19, 2015 by Air Force Wife

[Air Force Wife 6]

Just went to "Full Version" to see the OP's timeline.

Retrogression affects this case.

If the DS-230/DS-260 was filed before his PD retrogress in Dec. 2013, then his age froze the first time his PD became current in 2013 and his CSPA age would be under 21.

If the DS-230/DS-260 was filed after his PD retrogress end and no longer was current, then his age will not freeze until his PD becomes current again.

The lesson for anyone who may age out with a current PD is to file fast before retrogression to freeze the CSPA age.

10/26/13 beneficiary received letter from NVC stating eligible for visa through mail. 10/25/13 ds260 completed

[aaron2020 11,651]

10/26/13 beneficiary received letter from NVC stating eligible for visa through mail. 10/25/13 ds260 completed

Since the DS-260 was completed and submitted before his PD retrogressed, he locked in his CSPA age when his PD first became current. For immigration purposes, his CSPA age is under 21.

Best of luck.

Edited January 19, 2015 by aaron2020