F2A to F2B - USCIS to NVC

[KP & SP 9]

Dear Friends,

Scenario:

My father (LPR) filed I-130 for my sister who at the time of filing was under 21. USCIS approved the case and when it was approved my sister was still under 21 and was placed under F2A category by USCIS.

I also received a letter from USCIS stating that the paperworks have been transferred to NVC and to contact them with any further questions.

I waited couple months for them to start sending me the forms and fee to be paid. It never happened so i called the NVC to inquire about the status and I was told that she has been placed under F2B category and we should wait until she becomes current???? By the time NVC started processing the paperworks, my sister is over 21.

How can NVC change the petition category from F2A to F2B? Doesn't the USCIS category uphold?

What are my options to change the category from F2B to F2A? Is this even possible?

Thanks,

[Chirag Chaudhari 8]

Oh.... sorry to say but nothing will change.. cuz NVC is right...

Edited April 6, 2015 by Chirag Chaudhari

[Boiler 45,657]

Sounds correct.

[NigeriaorBust 4,087]

If your father is still an LPR your sister continues to age until she goes for her interview. What is her priority date and when was the petition approved ?

[KP & SP 9]

If your father is still an LPR your sister continues to age until she goes for her interview. What is her priority date and when was the petition approved ?

Her priority date is: Oct 29,2012

Notice date: Sep 3, 2013

[NigeriaorBust 4,087]

So she has 11 months roughly of CPSA, If you take 11 months off her age is she under 21 ?

[apple21 953]

When is her birthday?

[KP & SP 9]

When is her birthday?

11/18/1991

I used the CSPA calculator (attached) which shows that she is not eligible for visa.

Does CSPA not apply to LPR parents filing for child under 21??

How to Qualify for CSPA Immediate Relative Preference Classification for Permanent Residence or Derivative

• If the petition (Form I-130, Petition for Alien Relative) was filed by a U.S. citizen parent for his or her child, the beneficiary’s age “freezes” on the date of filing.
• If the petition (Form I-130) was filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age “freezes” on the date the petitioner naturalized.

• 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.

Edited April 7, 2015 by KP & SP

[apple21 953]

Yes, CSPA applies to children of LPRs too. Only difference is the LPR's child's age does not freeze at any point.

Her PD became current a long time ago. You only contacted NVC now? Looks to me your dad didn't receive any correspondence from them? Not even a snail mail from NVC?

Your visa bulletin current date is wrong. Check the VB archives for the exact date her PD became current. Check the 2013 year.

Edited April 7, 2015 by apple21

[apple21 953]

Or the year 2014 archives.

[KP & SP 9]

Or the year 2014 archives.

I am now seriously confused about checking the priority date. Am I supposed to be checking for F2A or F2B? When she was originally approved by USCIS she was categorized as F2A.

Current priority date is as follows.

F2A 01AUG13

F2B 22AUG08

Looked at the archive, according to Sep 2014 visa bulletin

F2A 01JAN13

She should have fallen into this category but no correspondence from NVC. Could it be because she was automatically changed to F2B because by this date she was already 22 years old?)

F2B 01SEP07

Edited April 7, 2015 by KP & SP

[apple21 953]

F2A