F2A

[Rainizah 0]

i would like to ask is someone here is still waiting for f2a and how long did you wait before you got approved? cos im still waiting my pd was feb2 this year and im alil worried for my child will be turning 21 this year.. any advice you can give if ever she will be approved after her birthday>

[Mom and Son 8]

If her priority date became current in February then she will be approved under CSPA, even if she turns 21 after that.

Edited April 25, 2018 by Mom and Son

[geowrian 22,336]

If you are concerned about her aging out, then the best thing to happen is for the I-130 to not be approved until as close to when the PD becomes current as possible. The sooner the I-130 is approved, the less time she can deduct from her biological age under CSPA.

[Mom and Son 8]

I think l misunderstood the text. Please post PD and DOB.

[Rainizah 0]

My pd 2/22/18

bday 8/30.. Or i will just wait maybe they will approved it b4 her bday together with her sisyer which is f1 same pd.. What do u think? 

[Boiler 43,847]

She will move to F2b

[Rainizah 0]

1 minute ago, Boiler said:

She will move to F2b

Same pd and no fees anymore? But how many years the waiting then?

16 minutes ago, Mom and Son said:

I think l misunderstood the text. Please post PD and DOB.

My pd 2/22/18

bday 8/30.. Or i will just wait maybe they will approved it b4 her bday together with her sisyer which is f1 same pd.. What do u think? 

[geowrian 22,336]

4 minutes ago, Rainizah said:

Same pd and no fees anymore? But how many years the waiting then?

My pd 2/22/18

bday 8/30.. Or i will just wait maybe they will approved it b4 her bday together with her sisyer which is f1 same pd.. What do u think? 

Same PD. No extra fees. She will just automatically fall into F2B and have to wait longer. Estimate: ~7-10 years from I-130 filing to interview.

 

If they approved the I-130 today, she would still need to wait for the PD to become current before her case could proceed through NVC. Check the monthly visa bulletin for progress on her category: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Edited April 25, 2018 by geowrian

[Rainizah 0]

I really do hope they will get approved earlier together with her sister which is F1.. And i saw some of here got approved after a month and some are 4mos.. So im praying that they will be next.. Thanks guys for answering my query..

[Rainizah 0]

7 minutes ago, geowrian said:

Same PD. No extra fees. She will just automatically fall into F2B and have to wait longer. Estimate: ~7-10 years from I-130 filing to interview.

 

If they approved the I-130 today, she would still need to wait for the PD to become current before her case could proceed through NVC. Check the monthly visa bulletin for progress on her category: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

If shell get approved we will still wait for the nvc to process the visa ..thats fine but she will be protected by cspa right?

[Mom and Son 8]

The more time USCIS takes to approve the petition the better.  When her PD is current, you will have to subtract this time from her age at that moment.

[geowrian 22,336]

16 minutes ago, Rainizah said:

If shell get approved we will still wait for the nvc to process the visa ..thats fine but she will be protected by cspa right?

Sorry if it sounds like a broken record, but I really think think you're missing the important part here. The issue is when the PD becomes current, which is based on how many people before you obtain a visa. Family preference visas are limited per year by law.

 

CSPA - for an LPR petitioner - means they will deduct the time the I-130 was pending from her actual age when the PD becomes current. The sooner the I-130 is approved, the less time gets deducted. The longer it takes for the I-130 to be approved, the more time gets deducted. What matters in determining if CSPA applies is the beneficiary's CSPA-adjusted age at the time the PD becomes current.

 

Example:

• The petitioner files the I-130 on 1/1/2018 for a 20 year old child with a birthdate of 1/1/1998.
• I-130 is approved 1/1/2019 (1 year later).
• PD becomes current on 2/1/2020.
• CSPA-adjusted age = [actual age when PD is current] - [time I-130 was pending] = (22 years 1 month) - (1 year) = 21 years and 1 month old, meaning they would have aged out.
  • Had the I-130 been approved on 2/2/2019 or later, the result would be < 21 years old and therefore covered by CSPA.

In your particular case, you don't know when the PD will become current or when the I-130 will be approved so nobody can say for certain if they will age out or not. However, the odds are heavily in favor that she will age out into F2B.

Aging out means her case will sit at NVC until her PD is current in the F2B category. ETA: ~7-10 years from I-130 filing.

Edited April 25, 2018 by geowrian

[kzielu 1,147]

7 hours ago, Rainizah said:

If shell get approved we will still wait for the nvc to process the visa ..thats fine but she will be protected by cspa right?

You get hung up on petition approval thinking that somehow age will be frozen at that time - it's exactly the opposite as others wrote. Age matters at time PD becomes current and you can subtract time it took petition to be approved. Chances of staying in F2A are rather slim.