CSPA / F2A Category / Immigrant Visa / Aging out - MyVisaJourney

[Boiler 43,396]

I am not very well knowledgeable with immigration process really. Probably mine was just pure luck, coz USCIS wasn't able to approved my petition right away because of some discrepancies on my live birth, that took them really long to approve my petition, and that length of delay really helped me a lot with my CSPA age. It took them 15 months to approve my petition.

My Priority Date was June 2012.

My petition got approved November 2013.

We applied for visa on January 2014.

I got my appointment with US embassy on Sept. 9, 2014.

Came to US October 2014.

Its just unfortunate really those whose application were approved right away. I think.

you are correct

Edited August 2, 2015 by Boiler

[aaron2020 11,651]

Hi I'm also F2A my priority date is Sept 4,2014. I was petitioned when I was 20 and 7 months old. Then my I-130 just got approved on 2015 May 22. (8months) Then I called NVC for my CASE# and Invoice# on 2015 July 29 they gave me both but they haven't said anything about me being aged out and will be move to F2B and take note they also ask my birthdate. Then when I check my case on NVC it's not yet eligible for further processing. So my concern is should we ask NVC if I am applicable for CSPA or should we hire a lawyer as soon as possible or just wait?

I am not very well knowledgeable with immigration process really. Probably mine was just pure luck, coz USCIS wasn't able to approved my petition right away because of some discrepancies on my live birth, that took them really long to approve my petition, and that length of delay really helped me a lot with my CSPA age. It took them 15 months to approve my petition.

My Priority Date was June 2012.

My petition got approved November 2013.

We applied for visa on January 2014.

I got my appointment with US embassy on Sept. 9, 2014.

Came to US October 2014.

Its just unfortunate really those whose application were approved right away. I think.

Hi Maureen,

Please allow me to explain the difference between your case and dhenz91's case. You can search to see my advice on CSPA.

dhenz91's case: It took USCIS about 15 months to approve the I-130, so he had 15 additional months of CSPA protection. As long as his PD in the F2a category became current before he turned 22 years old and 3 months (21 years + 15 months), then he his CSPA age would be under 21. His PD in the F2a category became current in August 2013, and he was able to lock in his CSPA age at that moment. For immigration purposes, his CSPA age was 20 years and 8 months. (It doesn't matter when he got his interview or came to the US. Age is determined on the day the PD becomes current.)

Your case: It took USCIS about 8 months to approve the I-130, so you get 8 additional months of CSPA protection. As long as your PD in the F2a category becomes current before you turn 21 years old and 8 months, then your CSPA age would be under 21. Your PD must be current by October 2015 or November 2015 when you turn 21 years old and 8 months in order for CSPA to help you retain the F2a category.

dhenz91 did not need to get a lawyer. The lawyer did not change the facts. He would have gotten CSPA protection without a lawyer.

Your situation is different. Paying a lawyer will not change your facts. I am just trying to save you money. If you feel more comfortable having a lawyer tell you, then hire one that knows how to use a CSPA calculator.

Best of luck.

[aaron2020 11,651]

Hi Maureen,

Give me the exact dates, and I will tell you when your PD must be current by exactly for you to benefit from CSPA.

1. birthdate,

2. PD,

3. I-130 approval

[nilx25 18]

Hi I'm also F2A my priority date is Sept 4,2014. I was petitioned when I was 20 and 7 months old. Then my I-130 just got approved on 2015 May 22. (8months) Then I called NVC for my CASE# and Invoice# on 2015 July 29 they gave me both but they haven't said anything about me being aged out and will be move to F2B and take note they also ask my birthdate. Then when I check my case on NVC it's not yet eligible for further processing. So my concern is should we ask NVC if I am applicable for CSPA or should we hire a lawyer as soon as possible or just wait?

My guestimate is that you need to be current by October 2015 or you will age out. 7 month movements is very unlikely as only February 2014 is current in September. Boiler is very right in a way that lawyer can only do so much. If you do not qualify under CSPA, then no attorney can pull you out of situation. CSPA is standard calculation. Drenz91 was very lucky because her CSPA age was 20.89. If she was 21.01, they would not have denied her for sure.

[nilx25 18]

Hi Maureen,

Please allow me to explain the difference between your case and dhenz91's case. You can search to see my advice on CSPA.

dhenz91's case: It took USCIS about 15 months to approve the I-130, so he had 15 additional months of CSPA protection. As long as his PD in the F2a category became current before he turned 22 years old and 3 months (21 years + 15 months), then he his CSPA age would be under 21. His PD in the F2a category became current in August 2013, and he was able to lock in his CSPA age at that moment. For immigration purposes, his CSPA age was 20 years and 8 months. (It doesn't matter when he got his interview or came to the US. Age is determined on the day the PD becomes current.)

Your case: It took USCIS about 8 months to approve the I-130, so you get 8 additional months of CSPA protection. As long as your PD in the F2a category becomes current before you turn 21 years old and 8 months, then your CSPA age would be under 21. Your PD must be current by October 2015 or November 2015 when you turn 21 years old and 8 months in order for CSPA to help you retain the F2a category.

dhenz91 did not need to get a lawyer. The lawyer did not change the facts. He would have gotten CSPA protection without a lawyer.

Your situation is different. Paying a lawyer will not change your facts. I am just trying to save you money. If you feel more comfortable having a lawyer tell you, then hire one that knows how to use a CSPA calculator.

Best of luck.

Very informative answer Aaron. As per your post, if we qualify for cspa then age will locked in right. so How long do you have after for your immigration process to be completed once your age is locked in under cspa.

Priority date 11/27/2013

DOB 3/17/1994

Approval 04/31/2015

[Boiler 43,396]

It is not locked in, it is reset by adding the delay in the I 130. Seems in your case it added up to 18 months. So in rough terms you are good to 22 1/2.

[aaron2020 11,651]

Very informative answer Aaron. As per your post, if we qualify for cspa then age will locked in right. so How long do you have after for your immigration process to be completed once your age is locked in under cspa.

Priority date 11/27/2013

DOB 3/17/1994

Approval 04/31/2015

Rehashing old information.

Once the PD becomes current, then the CSPA age is locked for CSPA purposes. For CSPA relief to apply, the applicant must have "sought to acquire" an immigration benefit within one year of the PD becoming current. That's the deadline, one year after the PD first becomes current.

The US Government has maintained that "sought to acquire" to mean filing the DS-260 because it's a bright line; either file or did not file. The Immigration Court disagreed and allowed a person who hired a lawyer to prepare the visa application to have satisfied the "sought to acquire" requirement. IMHO - best to file the DS-260 within one year of the PD becoming current.

Once the CSPA age locks in, it doesn't matter how long it takes to process the rest of the case.

[Kjmja22 0]

How about my situation?, my CSPA age is 21yrs and 6days. And while waiting for my priority date to be current the visa retrogress last june 2014 instead of moving forward it move's backward to may 2012 priority then when visa currently moving the nvc allow me to sought to acquire last march 2015 while waiting for my visa to be current this august i already finish my requirements last april. Does my situation having 7days over age, do they allow me to enter the u.s. What do you think guys?

[Boiler 43,396]

If you adjusted age is over 21 then you fall into a different category.

[aaron2020 11,651]

How about my situation?, my CSPA age is 21yrs and 6days. And while waiting for my priority date to be current the visa retrogress last june 2014 instead of moving forward it move's backward to may 2012 priority then when visa currently moving the nvc allow me to sought to acquire last march 2015 while waiting for my visa to be current this august i already finish my requirements last april. Does my situation having 7days over age, do they allow me to enter the u.s. What do you think guys?

Based on your calculations, your CSPA age is over 21. CSPA can not help you. You will remain in the F2b category.

[Maureen Martinez 1]

Great help. Thanks Guys.

[aaron2020 11,651]

Priority date 11/27/2013

DOB 3/17/1994

Approval 04/31/2015

Hi,

It took USCIS about 17 months and 3 days to approve the I-130. This means that your PD has to be current in the F2a category by August 2016 (before you turn 22 years and 5 months) for you to benefit from CSPA. Fortunately, your PD is current in the August 2015 Visa Bulletin. Your CSPA age has been locked in as 19 years 11 months, 13 days (approximate).

Best of luck

[nilx25 18]

Hi,

It took USCIS about 17 months and 3 days to approve the I-130. This means that your PD has to be current in the F2a category by August 2016 (before you turn 22 years and 5 months) for you to benefit from CSPA. Fortunately, your PD is current in the August 2015 Visa Bulletin. Your CSPA age has been locked in as 19 years 11 months, 13 days (approximate).

Best of luck

Thank you so much. You are lifesaver..

[Maureen Martinez 1]

Guys I haven't receive any welcome letter I've read others with PD 2014SEPT can access already on ceac website. NVC didn't tell me if they were going to move my category is this okay or shud I call them again?

[nilx25 18]

Guys I haven't receive any welcome letter I've read others with PD 2014SEPT can access already on ceac website. NVC didn't tell me if they were going to move my category is this okay or shud I call them again?

If you turn in to f2b catagory, then wait 7 years to get ceac website to pay fees.