CSPA using Date for Filing Chart?

[sdh0601 1]

Hi all,

 

I was wondering if I will be covered by CSPA for October 2017 Visa Bulletin Chart.

My father, LPR, petitioned for me under F2A category.

 

My timelines are:

DOB:09/13/1996

I-130 filed: 09/15/2016

I-130 Approved: 12/22/2016

Total date I-130 was pending : 100 days

I turned 21 on 09/13/2017. 

 

According to October 2017 Visa Bulletin, Final Action Date : 10/22/2015, Date For Filing: 11/01/2016.

USCIS allows petitioners to use Date For Filing Chart to sent I-485 for October 2017.

 

So, my priority date is current under Date For Filing.

My CSPA age under Date For Filing is under 21 years old. (21 years 1 month - 100 days < 21 years)

So, does this mean that I can resemble my documents and send I-485 to USCIS?

If I can, then does summiting I-485 mean that I age is "locked in" and I will be interviewed along with other F2A applicants?

 

I don't know by CSPA law, if I am supposed to use Chart A or Chart B to define my CSPA age.

 

Please let me know if I can be covered by CSPA.

 

[aleful 1,905]

hi

 

you already asked this question, immigration uses priority date, so neither

 

your priority date appears on the approved i130

 

the priority date is usually a few days after uscis receives the application, it freezes the date and it becomes your priority date

 

that's the date that immigration goes by for everything

 

 

[aleful 1,905]

of all the dates mention, the only one that matters and the important one is the one you left out and didn't mention

 

what is your priority date?

 

 

[aleful 1,905]

unless you have been legally all the time in the US, you can't file the i485

 

if you are in your country, then the i485 doesn't apply, it is only to adjust status in the US and not for consular processing. where are you?

 

if you are in the US, with what visa did you enter? how do you plan to be legal for 2 year? are you here on a student visa or what?

 

you didn't give any details of your petition.

 

 

[sdh0601 1]

aleful,

 

my priority date is 09/15/2016, the date USCIS received my I-130 petition.

And I'm in the United States right now, and I have been for about 5 years. I was F2 visa and I changed my status to F1 visa. I will maintain F1 visa until I receive my green card.

 

my question of this post is if I can summit I-485 and remain F2A category under CSPA Act.

 

Thank you for your reply.

[aleful 1,905]

hi

 

do you mean you have a student visa and you have been here legally all the time? if so, when does your visa expire?

 

because you can't be here illegally in the country

 

 

 

 

Edited September 19, 2017 by aleful

[sdh0601 1]

aleful,

 

yes, I have been here in the US legally all the time. My visa remains active as long as my I-20 is active. 

[Valerix121 0]

HI.  I have a similar case

date if birth: October 12 1995

category: F2a

priority date: 0ct 08 2015

case approve: 02/10/2016

case completed: 06/30/2016

 

 on June 30th of 2016 my case was completed and I was told to wait for an interview overseas. They said it should take 30-90 days to receive the interview. After 1 year and 5 months past waiting for an interview and they send it on sep 2017. After I had already gotten done the medical exams and all the support documents, the embassy sends me a letter saying I'm not eligible for a visa under f2a because I aged out but I still  have my interview. I don't understand what's going on since My case was completed on june 2016 when I was still 20 years old and I aged out because I was waiting for then to give me an interview. I pay every immigrant fee, got the mideical exams done and summitted all the documents and forms. What should I do. Does Cspa applies to my case ? 

 

[chuonglinh 5]

1 hour ago, Valerix121 said:

HI.  I have a similar case

date if birth: October 12 1995

category: F2a

priority date: 0ct 08 2015

case approve: 02/10/2016

case completed: 06/30/2016

 

 on June 30th of 2016 my case was completed and I was told to wait for an interview overseas. They said it should take 30-90 days to receive the interview. After 1 year and 5 months past waiting for an interview and they send it on sep 2017. After I had already gotten done the medical exams and all the support documents, the embassy sends me a letter saying I'm not eligible for a visa under f2a because I aged out but I still  have my interview. I don't understand what's going on since My case was completed on june 2016 when I was still 20 years old and I aged out because I was waiting for then to give me an interview. I pay every immigrant fee, got the mideical exams done and summitted all the documents and forms. What should I do. Does Cspa applies to my case ? 

 

Hi Valerix 121,

Your PD is Oct 08/2015, your visa was not available for you until October 2017 Visa Bulletin (Chart A Final Action Date 22Oct15). You will be 21 at Oct 12 2016 + 4 months (for i-130 approved), CSPA only protect you until Feb 2017. That's the reason why you aged out and will be removed to F2B category.

[chuonglinh 5]

On 9/19/2017 at 4:32 AM, sdh0601 said:

aleful,

 

my priority date is 09/15/2016, the date USCIS received my I-130 petition.

And I'm in the United States right now, and I have been for about 5 years. I was F2 visa and I changed my status to F1 visa. I will maintain F1 visa until I receive my green card.

 

my question of this post is if I can summit I-485 and remain F2A category under CSPA Act.

 

Thank you for your reply.

Same case to you, According to your PD + 3 months (I-130 approved), CSPA will protect you until December 2017. Unless the date in Chart A Final Action Date will move from 15Nov15 to 16Sep16 for next month December (which wont be happened here). if your PD date is earlier than the date in Chart A, then your age will freeze because your visa is available, and so CSPA will protect you. I believe they will move you to F2B category.

[chuonglinh 5]

On 9/19/2017 at 4:58 AM, aleful said:

hi

 

do you mean you have a student visa and you have been here legally all the time? if so, when does your visa expire?

 

because you can't be here illegally in the country

 

 

 

 

For F1, international student, you don't need a visa valid unless you plan to travel outside US and want to come back. As long as you maintain your F1 status with valid I-20 you can stay in US 3,5 or even 10 years legally with an expired visa

[Valerix121 0]

38 minutes ago, chuonglinh said:

Hi Valerix 121,

Your PD is Oct 08/2015, your visa was not available for you until October 2017 Visa Bulletin (Chart A Final Action Date 22Oct15). You will be 21 at Oct 12 2016 + 4 months (for i-130 approved), CSPA only protect you until Feb 2017. That's the reason why you aged out and will be removed to F2B category.

HI! Thank you for your reply. 

What I do not understand is why they gave me a interview for this nov under f2a if they already knew I aged out in February. They send the interview this September and I got all my medical exmans + all the documents they said I should bring to the interview to then tell me 2 weeks before the interview that I do not qualify when the nvc told us my case was still being process as f2a. The nvc told me I still need to go to the interview. But I don't understand why I should go if they already told me I do not qualify 

[chuonglinh 5]

I believe NVC will send out interview letter 3-4 weeks in advance of the visa be available. Your probably received your interview letter in Sept because they knew your visa would be available in Oct. My guessing, They are not working on your case until Oct that's where they figured out that you aged out (again this is my guess). Again its not hurt to attend the interview. Please keep us update  and good luck!

[Valerix121 0]

9 hours ago, chuonglinh said:

I believe NVC will send out interview letter 3-4 weeks in advance of the visa be available. Your probably received your interview letter in Sept because they knew your visa would be available in Oct. My guessing, They are not working on your case until Oct that's where they figured out that you aged out (again this is my guess). Again its not hurt to attend the interview. Please keep us update  and good luck!

Thank you !!! I will ☺️

[Valerix121 0]

Hey guys !!! I have really bad news ! They denied the visa and change me to F2b so it would take 8-10 years for me to get an interview again. They also cancelled my tourist visa ( even tho it was still valid for another 5 years)!. They said that since I had a immigrant petition denied, I can't have the visa. 😔 so it was a double penalty for me, even though I did nothing wrong but to follow the NVC timeline