How to opt-out of CSPA and retaining original category

[Kardashian 3]

Hello all,

I am a US citizen, my mom who is a LPR had filled the I-130 for my brother (DOB 09/08/1995) and sister ( DOb 12/07/1993) last year. Their initial category was F2A. My brother's category is still F2A and his case is at NVC and we have already filled out his DS-260. On the other hand , looks like my sister aged out and after the CSPA her category changed from F2A to F2B. The PD is 11/05/14 ( under 21) . The case got approved from USCIS around 04/25/15 and PD became current aorund 07/15/15 (my brother's process started then). We got an email from NVC for my sister stating that her case which was previously current has now changed and is no longer current , this was on 08/06/15. I sent out an email to nVC on the same day but haven't received a reply yet. I have called a numerous times but they ask to wait. I am realizing now that her age got locked when the PD became current or the processing started at NVC. She was only a few months over 21 then ! I am just wondering if any one had a smiliar issue and where able to retain the F2A category. She is curently f2B and the wait is 6+ yrs. By next yr my entire family will be here except her, now my mom and dad have to live separatly so that one can stay in US and one can stay in my home country with my brother sister. I do not think we can do this for next 6 yrs. Can suggestions on this are really appreciated . Thanks in advance

[NigeriaorBust 4,087]

Your sisters immigration age would have been real age on 7/15/15 minus the days between ( 04/25/15 and 11/05/14 ) * YOU NEED EXACT DATES FOR THE EXACT NUMBER.

Was your sister's age under 21 on that date ?? ( even 1 day over ages her out )

[Kardashian 3]

Your sisters immigration age would have been real age on 7/15/15 minus the days between ( 04/25/15 and 11/05/14 ) * YOU NEED EXACT DATES FOR THE EXACT NUMBER.

Was your sister's age under 21 on that date ?? ( even 1 day over ages her out )

What confuses me is that what made them change the category? When I called them after the post they said she " appeared to be over 21 " when the process at NVC started. I do not think that CSPA was done ...because her initial category was F2A , for which the PD is still not current ( but NVC process has started for people under 21 like my brother's ). So then they determined her age at that time ( over 21 ) and changed her category to F2B. I want to cover all my options and see if there is any way to dispute this and change it back to F2A. Any one who has gone through a similar situation, what was your course of action?

[nilx25 18]

What confuses me is that what made them change the category? When I called them after the post they said she " appeared to be over 21 " when the process at NVC started. I do not think that CSPA was done ...because her initial category was F2A , for which the PD is still not current ( but NVC process has started for people under 21 like my brother's ). So then they determined her age at that time ( over 21 ) and changed her category to F2B. I want to cover all my options and see if there is any way to dispute this and change it back to F2A. Any one who has gone through a similar situation, what was your course of action?

First of all your PD is November 2014 and its not current yet. It will be another 6 to 8 months for your PD to be current. Your sister has aged out even if you calculate July Current date. Please verify if your PD is November 2014 or 2013.

here is how CSPA is calculated in our case

PD Nov 27 2013

Approval date 4/01/2015

Time 1 year 4 month

visa current 08/01/2015

Child's age at current date 21 years 5 months

CSPA age 20 years 1 month

she is eligible under CSPA since her CSPA age is under 21. Even if CSPA age is 1 day over that calculation, they will change your category to F2B/

[Kardashian 3]

First of all your PD is November 2014 and its not current yet. It will be another 6 to 8 months for your PD to be current. Your sister has aged out even if you calculate July Current date. Please verify if your PD is November 2014 or 2013.

here is how CSPA is calculated in our case

PD Nov 27 2013

Approval date 4/01/2015

Time 1 year 4 month

visa current 08/01/2015

Child's age at current date 21 years 5 months

CSPA age 20 years 1 month

she is eligible under CSPA since her CSPA age is under 21. Even if CSPA age is 1 day over that calculation, they will change your category to F2B/

The PD is November 2014. When I got an email from NVC they said "previously current file has now changed to.."! Also my brother's was all the same dates and we have finished all the paperwork for him (of course he is 2 yrs younger than her). We are now just waiting for case complete from NVC and then interview date from Mumbai embassy..which will be another 3-4 months easily.