NVC accepted CPSA protection before priority date became current

[MB302 6]

18 hours ago, Juniker said:

This thread was started by me and "lives on" as others are giving great information on how to get NVC personnel to work for you regarding CSPA.  There has been nothing but success for those that have a CSPA protected at the "TIME" of their F2A (F22) petition being approved and visa priority date becoming "current".  You have one year after that "TIME" to file your DS-260 with NVC and ask NVC for CSPA protection.  Have patience and follow the steps others have done.  NVC is doing their job as the best they can so far given the stories here in this thread.  Your congressman is really not needed yet for any intervention or speeding up the process.  There is that one year window of CSPA protection before your filing of your DS-260 by law.  There is time for the system to work for you if you act as you are doing.

 

On 2/9/2020 at 4:29 AM, hasretk51 said:

I had this exact issue literally 3 days ago when NVC sent us the visa creation emails. I have a sister too and we both got our emails the same day. I am covered by CSPA and she is 19 years old. We could pay for her fees but not mine. I filled the online asknvc form for CSPA review and called them along with contacting my congressman to speed up the process. They fixed it in less than 48 hours and I am now F22 and payed the fees.

I called NVC this morning and was told to just wait for their email about the status of my CSPA request. I was told they are responding to emails sent December 10, so it might be a long wait. No other choice than to just wait. 
 

[Juniper 62]

On 2/8/2020 at 4:44 PM, MB302 said:

Hello, 

 

This question might have been answered but in the previous thread but here is our timeline below: I filed separate  i-130 petition for my son and daughter 

 

Son

Date of Birth : August 16, 2000

Priority Date: September 18, 2017

Approval Date: December 23, 2019

Received Notice of Immigration Visa Case Creation from NVC:  Feb 5, 2020 

Paid AOS and DS-260 fee (Everything went smoothly with my son)

 

Daughter 

Date of Birth : Nov. 3, 1998

Priority Date: September 18, 2017

Approval Date: December 23, 2019

Received Notice of Immigration Visa Case Creation from NVC:  Feb 5, 2020 

Paid AOS fee Feb 5, 2020 

 

My question is when we received the NVC invoice number and case number for my daughter, the visa status shows F24 (F2B) and I was only able to pay the AOS Fee. When I checked under the applicant information, it is blank and my daughter's name is not showing as the principal applicant information thus not being able to pay the IV fee. After reading a whole lot of similar cases on VSJ, I believe that my daughters CSPA age will be under 21 so I decided to write an email to ASKNVC requesting for the CSPA on the 5th of February for my daughter. This morning, when I checked the ceac website just to see if there has been any update, I found out that I can no longer see both the Affidavit of support nor the applicant information. I checked my account to see if the AOS fee was reversed, it was not. 

 

Am i not able to see it because my daughter's case is under CSPA review or this is something else entirely? Is anyone else experiencing similar case? Any pointers or help will be greatly appreciated. 

 

Thanks in advance!

 

2 hours ago, MB302 said:

 

I called NVC this morning and was told to just wait for their email about the status of my CSPA request. I was told they are responding to emails sent December 10, so it might be a long wait. No other choice than to just wait. 
 

You have filed the DS-260's, which is the most important step legally.  Now, the CSPA age of your daughter is protected for a year from petition approved/visa bulletin "current" date.  You got a lot of good information from your phone call.  Everything is just fine for your case childrens' cases.   Because the F2A visa bulletin is "current", NVC is really busy for your visa class.  It will happen. 

 

Just to be sure ... if you did NOT use the following webpage for your email correspondence with NVC, please use this link and send in askNVC request with your CSPA info, calculator results, and CSPA protection request for your daughter:

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html

 

Edited February 10, 2020 by Juniper

[MB302 6]

43 minutes ago, Juniper said:

 

You have filed the DS-260's, which is the most important step legally.  Now, the CSPA age of your daughter is protected for a year from petition approved/visa bulletin "current" date.  You got a lot of good information from your phone call.  Everything is just fine for your case childrens' cases.   Because the F2A visa bulletin is "current", NVC is really busy for your visa class.  It will happen. 

 

Just to be sure ... if you did NOT use the following webpage for your email correspondence with NVC, please use this link and send in askNVC request with your CSPA info, calculator results, and CSPA protection request for your daughter:

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html

 

No, I have not been able to file the DS 260 because we are unable to see the applicant details as it was not made available to us from the day we received our case number.
And yes, I used the link you provided above. 

 

thanks again! 

[Juniper 62]

3 hours ago, MB302 said:

No, I have not been able to file the DS 260 because we are unable to see the applicant details as it was not made available to us from the day we received our case number.
And yes, I used the link you provided above. 

 

thanks again! 

Interesting ... that would make sense.  So that one year CSPA protection freeze law says that filing the DS-260 is one such step of seeking a visa with the NVC.  The law basically says that you must be seeking a visa with NVC and that should be enough that you are covered with the one year CSPA protection freeze law.  Everything will be fine then using askNVC email.  Just patience.

[7www7 2]

Cspa for my children have been approved. I requested for expedite and was approved as well. The case have been forwarded to US Embassy Manila. Location is at US Embassy Manila for a week now. How long before my children receive an interview schedule?

[Joseliza 1]

5 hours ago, 7www7 said:

Cspa for my children have been approved. I requested for expedite and was approved as well. The case have been forwarded to US Embassy Manila. Location is at US Embassy Manila for a week now. How long before my children receive an interview schedule?

In our case 1 week after our expedite request got approved, We received an email after a week stating the medical and interview appointment which will be in 2 weeks. 

[MB302 6]

7 hours ago, 7www7 said:

Cspa for my children have been approved. I requested for expedite and was approved as well. The case have been forwarded to US Embassy Manila. Location is at US Embassy Manila for a week now. How long before my children receive an interview schedule?

 

On 2/10/2020 at 3:28 PM, Juniper said:

Interesting ... that would make sense.  So that one year CSPA protection freeze law says that filing the DS-260 is one such step of seeking a visa with the NVC.  The law basically says that you must be seeking a visa with NVC and that should be enough that you are covered with the one year CSPA protection freeze law.  Everything will be fine then using askNVC email.  Just patience.

My daughters Visa status changed from F24 to F22 when I checked the ceac website this morning. Thank you all for your support. 

[Juniper 62]

4 hours ago, MB302 said:

 

My daughters Visa status changed from F24 to F22 when I checked the ceac website this morning. Thank you all for your support. 

Pay those fees and then on to the DS-260, Take your time to get all the information right before submitting.  Congratulations.

Edited February 12, 2020 by Juniper

[Eb2019 4]

On 12/29/2019 at 8:35 PM, Juniper said:

It is your choice to give it a shot at a interview.  The consular officer will do the CSPA calculation and get the same result you have gotten given that the dates you gave earlier are all the correct dates resulting in a CSPA age of: 21 years and 4 months.  The consular officer has no choice but to deny the F22 visa.  

Hi @Juniper I've been reading your posts regarding CSPA and have found them super useful,  thank you!

I thought that NVC would calculate CSPA and if they sent the invoice then the child was ok.

Would like to hear your input on this:

DOB 09/24/1998

Filed I-140 09/11/2019

Approval 09/11/2019 at this moment PD was not current

10/01/2019 PD became current (exactly on the same date she would be CSPA age 21)

Received NVC invoice without my child on 10/06/2019

Attorney sent an email to NVC

On 10/22/2019 attorney received new invoice that included my child from NVCattorney@state.gov, subject line read: LIVAOS IV FEE FOR NEOPOST DS-1200

We submitted DS260 and paid fees while PD still current, were DQ in January 2020. Right now category has retrogressed in March 

 

My 2 concerns are:

1) in case of retrogression,  will her age remain locked-in since we fulfilled the sought to acquire requisite?

2) Do Consular Officers always calculate CSPA again at interview time? 

 

Thanks very much in advance for your input 

[SusieQQQ 11,584]

23 minutes ago, Eb2019 said:

Hi @Juniper I've been reading your posts regarding CSPA and have found them super useful,  thank you!

I thought that NVC would calculate CSPA and if they sent the invoice then the child was ok.

Would like to hear your input on this:

DOB 09/24/1998

Filed I-140 09/11/2019

Approval 09/11/2019 at this moment PD was not current

10/01/2019 PD became current (exactly on the same date she would be CSPA age 21)

Received NVC invoice without my child on 10/06/2019

Attorney sent an email to NVC

On 10/22/2019 attorney received new invoice that included my child from NVCattorney@state.gov, subject line read: LIVAOS IV FEE FOR NEOPOST DS-1200

We submitted DS260 and paid fees while PD still current, were DQ in January 2020. Right now category has retrogressed in March 

 

My 2 concerns are:

1) in case of retrogression,  will her age remain locked-in since we fulfilled the sought to acquire requisite?

2) Do Consular Officers always calculate CSPA again at interview time? 

 

Thanks very much in advance for your input 

Are you sure filing (priority date) and approval are exactly the same date? (I’m not familiar with I140s but generally this would be very unusual)

Note that the child has to be under 21 on a CSPA basis to be eligible - 21 or over is ineligible so on what you have given us, unfortunately it looks like your child had just aged out when PD became current (CSPA calculator I used actually gives 21 years and 7 days). Again, check the priority vs approval date to be sure about this.
NVC is not responsible for the CSPA calculation, that is always a final determination by the consular officer.

[Eb2019 4]

1 minute ago, SusieQQQ said:

Are you sure filing (priority date) and approval are exactly the same date? (I’m not familiar with I140s but generally this would be very unusual)

Note that the child has to be under 21 on a CSPA basis to be eligible - 21 or over is ineligible so on what you have given us, unfortunately it looks like your child had just aged out when PD became current (CSPA calculator I used actually gives 21 years and 7 days). Again, check the priority vs approval date to be sure about this.
NVC is not responsible for the CSPA calculation, that is always a final determination by the consular officer.

Sorry, my bad!

We submitted the I-140 on 09/04/2019 so it took them 7 days to approve

 

[SusieQQQ 11,584]

36 minutes ago, Eb2019 said:

Sorry, my bad!

We submitted the I-140 on 09/04/2019 so it took them 7 days to approve

 

Ah ok, so I see where you got the exactly 21 years from. Unfortunately, that still makes her ineligible even on the original current date. As before, she needed to be under 21 to be eligible.

 

They would have added her back in because your attorney sent them a letter to ask them to do so. Ask to see the correspondence, but typically in those cases they add back because they are asked to do so but warn the applicant to check the age before paying fees. They do not check and approve it themselves, that is for the CO to do.
 

 

Edited February 20, 2020 by SusieQQQ

[Eb2019 4]

45 minutes ago, SusieQQQ said:

Ah ok, so I see where you got the exactly 21 years from. Unfortunately, that still makes her ineligible even on the original current date. As before, she needed to be under 21 to be eligible.

 

They would have added her back in because your attorney sent them a letter to ask them to do so. Ask to see the correspondence, but typically in those cases they add back because they are asked to do so but warn the applicant to check the age before paying fees. They do not check and approve it themselves, that is for the CO to do.
 

 

Thank you very much for your response, I will ask the attorney to forward whatever the NVC said when they sent the invoice

Edited February 20, 2020 by Eb2019
Update

[Eb2019 4]

8 minutes ago, Eb2019 said:

Thank you very much for your response, I will ask the attorney to forward whatever the NVC said when they sent the invoice

 

47 minutes ago, SusieQQQ said:

Ah ok, so I see where you got the exactly 21 years from. Unfortunately, that still makes her ineligible even on the original current date. As before, she needed to be under 21 to be eligible.

 

They would have added her back in because your attorney sent them a letter to ask them to do so. Ask to see the correspondence, but typically in those cases they add back because they are asked to do so but warn the applicant to check the age before paying fees. They do not check and approve it themselves, that is for the CO to do.
 

 

They sent me the correspondence and the NVC did not warn about this when they sent the email.

Now I'll add this to the list of all stressing factors in this process . I guess it will be up to the officer to determine how he/she wants to calculate the age. Will post here as soon as I get my interview done (no date yet). Thank you @SusieQQQ

[Eb2019 4]

On 12/28/2019 at 9:29 PM, Christopher Atang said:

"If F22 visa is denied, the NVC case will automatically become F24 with the same original priority date.  When F24 visa becomes available all the immigration fees will have to get paid again."

This last statement is more consoling. If the priority date won't be lost, then I'll prefer to give it a shot.

Thanks

Hi!

Did your child was applied CSPA at interview? I'd appreciate the update, I'm going thru a similar situation