NVC accepted CPSA protection before priority date became current

[ihsan 7]

4 hours ago, Rahim shaha said:

Hi guys, can someone answer my question with the best and experienced response. The question is that I don’t have no photographs with petitioner( My mother) to bring along to US Embassy when the interview comes up . Does anybody know what other documents will be helpful in place of photographs  to prove my bona fide relationship with my mother who is the petitioner for my case.I am deadly worried for not having photographs available!help would be appreciated!THANKS!

Hi, my answer would be not sufficient , but i can only help you little , you need to have birth certificate your mother name on it. lets see what others suggests.  

[Juniper 62]

2 hours ago, ihsan said:

Hi, my answer would be not sufficient , but i can only help you little , you need to have birth certificate your mother name on it. lets see what others suggests.  

At the US Embassy, the documents that you will be asked for first before the actual interview is the beneficiary International Passport, Medical Exam (if hand carried in sealed envelope), certified birth certificate and certified police record certificates (and certified military records if applicable) all for visual inspection.  Passport held for adding visa.  Required to have original sponsor financial I-864 and latest year tax documents and W-2/1099 etc but my personal experience was that this financial information was not asked to be reviewed for family visa.

 

There are instructions for the particular US Embassy interview.  Read the instructions.  Photographs are mostly not necessary for family visas.

Edited June 1, 2019 by Juniper

[Rahim shaha 0]

Hi juniper, my query was that I have no pics taken with my mother( the petitioner).what if the consular officer asked for them at the US Embassy when interviewing me and that what if he or she denied me for not having them.BY the way, I do have my school certificates on which my mother’s name is .Kindly back me up with this so that I can have enough documents to prove to the CO that i have a real relationship of a son with my mother.Also,Thanks for the prior response!!

[Penguin_ie 5,986]

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[Juniper 62]

23 hours ago, Rahim shaha said:

Hi juniper, my query was that I have no pics taken with my mother( the petitioner).what if the consular officer asked for them at the US Embassy when interviewing me and that what if he or she denied me for not having them.BY the way, I do have my school certificates on which my mother’s name is .Kindly back me up with this so that I can have enough documents to prove to the CO that i have a real relationship of a son with my mother.Also,Thanks for the prior response!!

If the Consular Officer really needs photographs, then tell the CO that you will get on Skype, WhatApp etc and take a screen shot of you two communicating and send in by email ... and that you have no other pictures because you have been separated for so long.  It's the truth and you are doing the best you can here to be resourceful ... but for a family visa this is really not required by the CO.  Your original documents including birth, medical, military, and police records and sponsors' financials are what are the CO cares about vetting.

[Paulgill 0]

Hello Juniper!! i m in same situation, got my daughters case approved and got email to follow instructions to fill DS-260 and submit the fees online. we did all that and as we were waiting for PCC and other documents . As we checked after couple of days they changed my daughters category from F2B to F24. After reading your topic we checked online  CSPA calculator . According to CSPA calculator my daughter is still eligible under F2B category. Then i wrote a email to Ask NVC explaining all this. Still waiting for  there responce. Is their any other way to contact them (email or phone number) besides Ask NVC? Help me out with information. Thanks

[Paulgill 0]

Hello Juniper!! i m in same situation, got my daughters case approved and got email to follow instructions to fill DS-260 and submit the fees online. we did all that and as we were waiting for PCC and other documents . As we checked after couple of days they changed my daughters category from F2B to F24. After reading your topic we checked online  CSPA calculator . According to CSPA calculator my daughter is still eligible under F2B category. Then i wrote a email to Ask NVC explaining all this. Still waiting for  there responce. Is their any other way to contact them (email or phone number) besides Ask NVC? Help me out with information. Thanks

[Paulgill 0]

On 11/14/2018 at 12:39 PM, Juniper said:

I am writing this as new information I learned with NVC and CPSA based upon my recent CEAC electronic submission of IV Fees, Application, Affidavit of Support and related civil and financial documents.

 

By research told me the NVC would only consider calculating and applying the CSPA age (for a unmarried child under 21 years visa) after the beneficiary's priority date became current and a visa was thus available.  The big problem was that NVC was automatically looking at the "over 21 years" current visa class availability (which is many years longer) if the principal applicant's real age was over 21 years.  And if the CSPA age was "under 21 years", I read how petitioners needed to learn to petition the NVC to get NVC to do their job and calculate the CSPA age when the "under 21 years" visa class availability was current.  Several petitioners commented on getting their congressmen involved with NVC.  It appeared that the NVC would only do the CSPA age calculation when the "under 21 years" visa class availability became current, not before.

 

So my recent CEAC electronic submission story with new information about NVC and CPSA follows:

1) The USCIS approved petition was for a F2A (or F22 - unmarried child under 21 years)

2) NVC CEAC created the case with a F22 visa classification shown on the status page.

3) Paid the fees and submitted all the forms.  Right after electronic submission of the IV Application that contained the principal applicant's birth date, I noticed that the NVC CEAC status page had changed the visa classification from F22 to F24 (unmarried son/daughter over 21 years) because indeed the principal applicant is over 21 years old.

4) Even after finishing the electronic submittal of documents, I was able to add two documents that explained that the CSPA age of the principal applicant is 8 months before 21 years at that moment in time ... and that there is an extremely high probability the principal applicant's priority date will become current before 8 months from that moment in time.  I asked for CSPA protection for the principal applicant and for the NVC CEAC visa class to be changed from F24 (over 21 years) to F22 (under 21 years).  I also wrote an email with the same requests via the askNVC webpage.

5) About 5 days later, I got an email back from the askNVC staff saying that my email was being sent to the correct department for further consideration.

6) About 4 days later without receiving any notification, I checked the the NVC CEAC status page and the visa class was put back to F22 (under 21 years) and all the electronically submitted documents were marked off as "Accepted".  This included the documents that asked for CSPA protection for the principal applicant. These CSPA related documents were made part of the case documents and "Accepted"

 

The really big improvement here compared to what my research was saying about NVC and CPSA protection is that the NVC has now officially given CPSA protection to my principal applicant BEFORE the priority date has become current.  Now, we have the NVC correctly watching the F22 class visa availability (as they should be) as our principal applicant's priority date becomes current for the F22 class in a short amount of time from now.  The day the principal applicant's priority date becomes current and the principal applicant's CSPA age is under 21 years, then the principal applicant's CSPA age becomes frozen for a year as the immigration visa process continues. 

 

So if you have a CSPA situation, it appears that NVC electronic system will work for us now when asking for CPSA protection before the priority date becomes current for the "under 21 years" visa classes.

Hello Juniper!! i m in same situation, got my daughters case approved and got email to follow instructions to fill DS-260 and submit the fees online. we did all that and as we were waiting for PCC and other documents . As we checked after couple of days they changed my daughters category from F2B to F24. After reading your topic we checked online  CSPA calculator . According to CSPA calculator my daughter is still eligible under F2B category. Then i wrote a email to Ask NVC explaining all this. Still waiting for  there responce. Is their any other way to contact them (email or phone number) besides Ask NVC? Help me out with information. Thanks

[Ashley P 1]

15 minutes ago, Paulgill said:

Hello Juniper!! i m in same situation, got my daughters case approved and got email to follow instructions to fill DS-260 and submit the fees online. we did all that and as we were waiting for PCC and other documents . As we checked after couple of days they changed my daughters category from F2B to F24. After reading your topic we checked online  CSPA calculator . According to CSPA calculator my daughter is still eligible under F2B category. Then i wrote a email to Ask NVC explaining all this. Still waiting for  there responce. Is their any other way to contact them (email or phone number) besides Ask NVC? Help me out with information. Thanks

I’m not Juniper but I was in the same situation. From my experience, askNVC is the only way to get the visa category to change back to F22 on CEAC. I tried to call, sent an email but was told to wait for the cspa review to be completed. They didn’t provide an estimate of when it will be completed, but my visa category was updated back to F22 after 4 weeks from the day I filled in askNVC form.

 

Edited June 9, 2019 by Ashley P

[Juniper 62]

2 hours ago, Paulgill said:

Hello Juniper!! i m in same situation, got my daughters case approved and got email to follow instructions to fill DS-260 and submit the fees online. we did all that and as we were waiting for PCC and other documents . As we checked after couple of days they changed my daughters category from F2B to F24. After reading your topic we checked online  CSPA calculator . According to CSPA calculator my daughter is still eligible under F2B category. Then i wrote a email to Ask NVC explaining all this. Still waiting for  there responce. Is their any other way to contact them (email or phone number) besides Ask NVC? Help me out with information. Thanks

 

2 hours ago, Paulgill said:

Hello Juniper!! i m in same situation, got my daughters case approved and got email to follow instructions to fill DS-260 and submit the fees online. we did all that and as we were waiting for PCC and other documents . As we checked after couple of days they changed my daughters category from F2B to F24. After reading your topic we checked online  CSPA calculator . According to CSPA calculator my daughter is still eligible under F2B category. Then i wrote a email to Ask NVC explaining all this. Still waiting for  there responce. Is their any other way to contact them (email or phone number) besides Ask NVC? Help me out with information. Thanks

 

1 hour ago, Ashley P said:

I’m not Juniper but I was in the same situation. From my experience, askNVC is the only way to get the visa category to change back to F22 on CEAC. I tried to call, sent an email but was told to wait for the cspa review to be completed. They didn’t provide an estimate of when it will be completed, but my visa category was updated back to F22 after 4 weeks from the day I filled in askNVC form.

 

This thread is your path to success back to F22 ... patience is required and will be rewarded.  In about 3 to 4 weeks check your CEAC status.  No feedback is typically given when case changed back to F22.  But when you see it changed on CEAC it's a big hurrah !!! Let us know with an update. 

[windy z 0]

regarding to the children over age 21 years.

we have received a welcome letter saying that we can process our F4 cases now. my sister has 2 kids (one is this December will be 21 years old and the other ones is over 21 years old already). When I logon CEAC to pay for fee and I see their names also there. Do I still need to submit the inquiries to NVC for CSPA? Thanks!

 

[Juniper 62]

On 6/13/2019 at 5:19 PM, windy z said:

regarding to the children over age 21 years.

we have received a welcome letter saying that we can process our F4 cases now. my sister has 2 kids (one is this December will be 21 years old and the other ones is over 21 years old already). When I logon CEAC to pay for fee and I see their names also there. Do I still need to submit the inquiries to NVC for CSPA? Thanks!

 

In 2014 for The case, Mayorkas v Cuellar de Osorio:

DECISION: In a 5-4 vote, the U.S. Supreme Court upheld government’s opinion that, instead of applying to all family preference categories, the CSPA should only provide relief to those aged-out aliens who qualified or could have qualified as principal beneficiaries of a visa petition, rather than only as derivative beneficiaries piggy-backing on a parent.

 

My advice is to talk to an immigration attorney to truly understand your specific situation. 

 

The children of your principal F4 visa sister are "piggy-backing" their immigration benefits as derivative beneficiaries.  When they turn 21, the children become adults with no CSPA protection as derivative beneficiaries and thus "age-out" and lose derivative immigration benefits with the principal F4 visa for their mother who is your sister.

 

Please see an immigration attorney regarding these age-out details so you are fully aware of how to proceed.

Edited June 15, 2019 by Juniper

[Raajsoni 0]

Hi everyone,

 

I m in similar boat. My mom filed 130 for me as minor child with priority date as March,2017. I paid IV fee and submitted document and later my status changed to F24. My mom is still holding Green card. Any idea if I will be eligible under CSPA act? Or Does it only applicable for citizen parents. 

 

Please let let me know what should I do to move my category back to F22.

 

thanks. 

[SusieQQQ 11,584]

10 minutes ago, Raajsoni said:

Hi everyone,

 

I m in similar boat. My mom filed 130 for me as minor child with priority date as March,2017. I paid IV fee and submitted document and later my status changed to F24. My mom is still holding Green card. Any idea if I will be eligible under CSPA act? Or Does it only applicable for citizen parents. 

 

Please let let me know what should I do to move my category back to F22.

 

thanks. 

Not enough detail. Birth date? Petition approval date? Exact priority date?

[Raajsoni 0]

7 hours ago, Raajsoni said:

Hi everyone,

 

I m in similar boat. My mom filed 130 for me as minor child with priority date as March,2017. I paid IV fee and submitted document and later my status changed to F24. My mom is still holding Green card. Any idea if I will be eligible under CSPA act? Or Does it only applicable for citizen parents. 

 

Updated some information:

Date of Birth- June 01st, 1997

priority date - March 15th, 2017

Uscis Approval Date - October 10th, 2018

 

Please let let me know what should I do to move my category back to F22.

 

thanks.