CSPA protection and visa

[prettygirl12 0]

Hi all! I'm quite new here. I would just like to be clarified about things.

I am a 21 year old Filipino. My father (the petitioner) is a naturalized US Citizen. My date of birth is February 12, 1994. The priority date on the NVC letters is January 27, 2014. Now, I have read extensively about the CSPA but none seem to really convince me. As to the law, once a USC files the I-130 (petition for alien relative) before the child turns 21, the age of the child is "frozen" on the date of filing. Well, I don't know when the filing date was but I've seen on the NOA that the USCIS received the petition on January 28, 2014. USCIS priority date: January 27, 2014. Notice Date: February 11, 2014. What does the Notice Date mean by the way? Is that relevant to the processing of the case? Anyway, I submitted the Online DS-260 on January 31, 2015. That is so because the IV fee took more than a week to be invoiced so I wasn't able to go on with the next step. All fees have been paid and documents submitted. NVC is done with their review and the case is complete. Just awaiting an interview to be scheduled at the US Embassy in Manila, Philippines. Having said all that, here are my questions:

1.) Am I still eligible for protection under CSPA?

2.) Will the consular officer grant and issue me a visa?

3.) I did not seek to acquire and the law said the seek to acquire provision does not apply to children of USC.

4.) Back in 2007, I was issued an immigrant visa under F2A category but it was forfeited in 2009 because I was unable to come back to the USA (re-entry permit). Will that have any bearing or effect on the current petition? Will they ask me about it?

Also, the NVC replied to me one time that they were processing my case under the guidelines of the Child Status Protection Act. I had an IV fee invoiced for my name. The interview package though has not yet arrived.

I'm just scared because there are people who reached the interview point of the process but got denied of their visa for aging out because they didn't take substantial steps. I don't want that to happen. I'm really so worried.

Please help. Thank you. Any insights and experiences would be much appreciated.

[prettygirl12 0]

Please help. Thank you

[aleful 1,905]

hi

don't worry, as long as he filed before you were 21, your age was frozen because you are considered as immediate relative

[kaleem999 11]

If you turn 21 before interview than you are not eligible because at the time you interview you age will be lock....

I am now 23 year old but my interview done before turning to 21 so my age is locked on the date of interview

This information i got from us embassy when i turn to 21 after interview

Edited April 22, 2015 by kaleem999

[aleful 1,905]

hi

not true for children under 21 of USC, if the petition is filed under 21 the age freezes, even If you turn 21

[prettygirl12 0]

hi

don't worry, as long as he filed before you were 21, your age was frozen because you are considered as immediate relative

Thank you so much! So, I will get my visa after the interview, right? Should I have sought to acquire though?

hi

not true for children under 21 of USC, if the petition is filed under 21 the age freezes, even If you turn 21

Should I take the USCIS receipt date as the filing date? I was 19 at the time. I am so worried

hi

not true for children under 21 of USC, if the petition is filed under 21 the age freezes, even If you turn 21

Should I take the USCIS receipt date as the filing date? I was 19 at the time. I am so worried

[kaleem999 11]

hi

not true for children under 21 of USC, if the petition is filed under 21 the age freezes, even If you turn 21

May be you are right i just shared my experience because i was also in the same situation but embassy told me this Edited April 22, 2015 by kaleem999

[Boiler 43,381]

Then why do you have F2a down in your details?

[NigeriaorBust 4,087]

Was your father a USC the day you turned 21 or did he file while he was still a green card holder

[prettygirl12 0]

Then why do you have F2a down in your details?

Oh that was back in 2007 when my father (an LPR at the time) also petitioned for me. The case was approved and I was able to go to the US but because I wasn't able to come back during the 2 year period (re-entry permit) my visa was forfeited. We started the entire process again but this time my dad filed for me as a US Citizen. I'm just wondering if the old petition and its forfeit status affect the current one? Thank you.

[prettygirl12 0]

Was your father a USC the day you turned 21 or did he file while he was still a green card holder

In the past petition which was approved and that I was able to use to go to the US, he petitioned it as an LPR. It was forfeited though because I was unable to enter the US on re-entry permit after 2 years.

My dad (a USC now) filed a new petition for me in January of 2014 (I was 19 at the time) and now the case has been finished by NVC and awaiting interview schedule at the US Embassy in Manila.

Yes my father was a USC when I turned 21 and when he filed the petition he was already a USC.

[apple21 953]

You have nothing to worry about. Your age is frozen at 19. Your prior petition has no bearing on this one.

[prettygirl12 0]

You have nothing to worry about. Your age is frozen at 19. Your prior petition has no bearing on this one.

Really? So I would get my visa after my interview? They would consider my age as 19? Thank you so much.

[apple21 953]

Yes at 19 and that is if all your paperwork is in order and you passed the medical. They will not hand the visa over after the interview, you'll have to wait for it to be delivered or ready for pick up at your chosen 2GO branch.

Edited April 22, 2015 by apple21