B2 Visa

[geowrian 22,335]

2 minutes ago, creole_queen said:

She just turned 22. The I-130 was approved in April 2016 and she has been waiting since then. I do not see a priority date on her notice of action. What is the F2B? I thought her age could be a problem too. What is the F2B?

The Priority Date (PD) would be on the NOA1 or NOA2. It's essentially the date the I-130 was filed.

 

For CSPA consideration, they will subtract the number of days between when the I-130 was approved and the I-130's PD from her current age. So unless the I-130 took over a year for approval, I would be inclined to believe she aged out from the F2A preference to the F2B preference.

 

Immigrant visas for LPRs (as well as certain relatives of USCs) are considered under the family preference category of visas. These are limited to x amount per year. As such, they set aside different rules to determine who needs a visa most to least. Spouses and unmarried minor (under 21) children come before adult children, married children (USCs only), or siblings (USCs only). That's where the whole idea of a PD comes into play...you need to wait in line until an immigrant visa number becomes available.

 

When a child of an LPR turns 21, they no longer fit into the F2A preference so they have are put into the F2B preference and have to wait in that line (the time spent in F2A effectively remains...it doesn't reset or anything like that). The Child Status Protection Act (CSPA) lets an LPR petitioner subtract the amount of time that their petition was not adjudicated from the beneficiary's age to determine their CSPA-adjusted age.

[creole_queen 11]

43 minutes ago, geowrian said:

The Priority Date (PD) would be on the NOA1 or NOA2. It's essentially the date the I-130 was filed.

 

For CSPA consideration, they will subtract the number of days between when the I-130 was approved and the I-130's PD from her current age. So unless the I-130 took over a year for approval, I would be inclined to believe she aged out from the F2A preference to the F2B preference.

 

Immigrant visas for LPRs (as well as certain relatives of USCs) are considered under the family preference category of visas. These are limited to x amount per year. As such, they set aside different rules to determine who needs a visa most to least. Spouses and unmarried minor (under 21) children come before adult children, married children (USCs only), or siblings (USCs only). That's where the whole idea of a PD comes into play...you need to wait in line until an immigrant visa number becomes available.

 

When a child of an LPR turns 21, they no longer fit into the F2A preference so they have are put into the F2B preference and have to wait in that line (the time spent in F2A effectively remains...it doesn't reset or anything like that). The Child Status Protection Act (CSPA) lets an LPR petitioner subtract the amount of time that their petition was not adjudicated from the beneficiary's age to determine their CSPA-adjusted age.

Her receipt date was on March 2, 2016, and the priority date was March 1st, 2016. Her approval date was April (end of April). She turned 22 in August of 2017

[creole_queen 11]

Thank you, you have been very helpful. 

[geowrian 22,335]

53 minutes ago, creole_queen said:

Her receipt date was on March 2, 2016, and the priority date was March 1st, 2016. Her approval date was April (end of April). She turned 22 in August of 2017

Assuming the approval was end of April this year, her current CSPA age is already 21and her PD is not current - the current F2A PD is Nov. 15th, 2015. She probably has about 3-4 months to go. As such, she has aged out.

 

The weird thing is she's allowed to file for AOS right now since her PD is before the Dates for Filing and USCIS is currently allowing family-based applications based on that chart. However, they will determine her CSPA age as of when the PD actually becomes current. Since she will "age out" into F2B by the time it would become current, she won't have an immigrant visa number available and it would be denied.

 

https://cliniclegal.org/resources/new-visa-bulletin-chart-and-its-effect-age-out (See "The CSPA and age-out").

"The CSPA applies in the same way that it did before the introduction of the Filing Dates, Chart B. In other words, the age of the child is still calculated on the date the priority date becomes current, which is determined by using the Final Action Dates, Chart A. While beneficiaries may be eligible to file for adjustment of status because they are under 21 using their biological age, it is their CSPA age on the day the priority date becomes current that governs whether they continue to be eligible as a “child.”"

 

Edit: Scratch the 2 items above...I miscalculated her CSPA age originally and she was just under 21. Now that her CSPA age is actually already 21, it's irrelevant. She is in F2B now.

Edited November 8, 2017 by geowrian

[BuiQuang 95]

she aged out.  cspa does not help.  cspa age already over 21.  pd not current in table a.  tps ends jan 2018.  she got to go back to haiti.  she overstay, she no can aos cuz she not gonna be ir of usc.

[BuiQuang 95]

2 minutes ago, geowrian said:

Assuming the approval was end of April this year, her current CSPA age is 20 years, 10 months, and some days. However, her PD is not current - the current F2A PD is Nov. 15th, 2015. So she probably has about 3-4 months to go. As such, she will very likely age out first.

 

The weird thing is she's allowed to file for AOS right now since her PD is before the Dates for Filing and USCIS is currently allowing family-based applications based on that chart. However, they will determine her CSPA age as of when the PD actually becomes current. Since she will "age out" into F2B by the time it would become current, she won't have an immigrant visa number available and it would be denied.

 

https://cliniclegal.org/resources/new-visa-bulletin-chart-and-its-effect-age-out (See "The CSPA and age-out").

"The CSPA applies in the same way that it did before the introduction of the Filing Dates, Chart B. In other words, the age of the child is still calculated on the date the priority date becomes current, which is determined by using the Final Action Dates, Chart A. While beneficiaries may be eligible to file for adjustment of status because they are under 21 using their biological age, it is their CSPA age on the day the priority date becomes current that governs whether they continue to be eligible as a “child.”"

cspa age is over 21

 

approval april 2016 then I30 approval 2 months.  if approval april 2017 then 130 took 1 year and 2 months.  she already more than 22 years and 2 months.  subtract 14 months her cspa age over 21.

[geowrian 22,335]

3 minutes ago, BuiQuang said:

she aged out.  cspa does not help.  cspa age already over 21.  pd not current in table a.  tps ends jan 2018.  she got to go back to haiti.  she overstay, she no can aos cuz she not gonna be ir of usc.

Yup...I miscounted by 2 months (fixed in my post above). She doesn't qualify for AOS and won't qualify for an immigrant visa for several more years. No overstay permitted (even if the petitioner naturalizes).

 

She can stay so long as she maintains TPS. However, I believe this is expiring "shortly".

[jakelake 222]

You need to speak with a very good IMMIGRATION attorney. I stress immigration attorney since there are many different types of attorneys.

 

But first NVC must be contacted to check on status of case.