F2A or F2B

[samuelam 19]

Here you go.

 

https://www.uscis.gov/greencard/child-status-protection-act

 

Edited March 5, 2019 by samuelam
corrrection

[Savan 47]

5 minutes ago, samuelam said:

Don't worry, I was confuse too. 

 

Correct he is over 21 and he got approved last Monday Feb 25th.

 

If you want send me the birthday, Priority date and approve date. Country where the visa going to issue. I could send you a excel file to explain that whole CSPA process. 

PD 05/04/2017, approve date 02/28/2019, birth date Feb 5 1997. India

Edited March 5, 2019 by Savan
forgot country

[SusieQQQ 11,584]

33 minutes ago, Savan said:

Ya but when he goes to interview they will know he is over 21, and he doesnt belong to F2A, This is what one of my group member wrote.

 

Yes. But here there is no CSPA since his parents are Green Card holders. I know a case where the daughter became 21 years and they did not change the category despite all of us telling her parents to do so. They assumed that Consular officers will turn a blind eye. She got interview and Consular officer denied the visa and reprimanded her because her parents were not honest enough and change the category. She had to start all over again. The attorney could not help much to retain the old date because the Consular officer had noted some very hard negative comments. She is now waiting for her of to become current in F2B category. All this because her parents thought she could slip through in F2A category. There are too many checkmates. So better be honest and change the category now itself. Thus will help in retaining the old date

Immigration does not “turn a blind eye” to things. CSPA is very specifically and clearly defined. It either works, or it doesn’t, depending on age, priority date, approval date and visa available date. Yes, the attorney could not do anything if the dates were wrong and CSPA did not apply, nothing to do with green card holders. USCIS will or won’t change the category depending on the calculation. You don’t need to change it yourself. Sounds like you have a lot of misinformation going on in this group.

[SusieQQQ 11,584]

2 minutes ago, Savan said:

PD 05/04/2017, approve date 02/28/2019, birth date Feb 5 1997

Current CSPA age is 20 years 3 months. PD is not current yet but as long as it is current in the next 8 and a bit months he will be fine. It looks like it could be 4 months from now judging by latest VB. So he should be fine.

[samuelam 19]

This might help you understand Family Sponsored Visa: F1 is for U.S. Citizens - F2 is for Permanent Residents

 

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.

[SusieQQQ 11,584]

Some more resources. This is an immigrant legal resource center document that includes detailed discussion about how CSPA relates to children of LPRs.  https://www.ilrc.org/sites/default/files/resources/cspa_children_of_lpr_other_deriv_bene-20180629.pdf

 

official uscis page https://www.uscis.gov/greencard/child-status-protection-act

notes that CSPA applies to all the following - as Samuelam  pointed out, the second bullet points includes children if LPRs.

• Immediate relatives;
• Family-sponsored preference principal applicants and derivative applicants;
• Violence Against Women Act (VAWA) self-petitioners and derivative applicants;
• Employment-based preference derivative applicants;
• Diversity Immigrant Visa (DV) derivative applicants;
• Derivative refugees; and
• Derivative asylees.

 

 

[samuelam 19]

Here you go.

 

As long as the F2A visa is available before 12/1/2019. He is still consider as under 21 year old and protected by CSPA act.

 

 

[geowrian 22,335]

21 hours ago, Savan said:

Are you sure? because Im reading online and its saying, it does not protect green card holders.

Where did you read that??

 

21 hours ago, Savan said:

Ya but when he goes to interview they will know he is over 21, and he doesnt belong to F2A, This is what one of my group member wrote.

 

Yes. But here there is no CSPA since his parents are Green Card holders. I know a case where the daughter became 21 years and they did not change the category despite all of us telling her parents to do so. They assumed that Consular officers will turn a blind eye. She got interview and Consular officer denied the visa and reprimanded her because her parents were not honest enough and change the category. She had to start all over again. The attorney could not help much to retain the old date because the Consular officer had noted some very hard negative comments. She is now waiting for her of to become current in F2B category. All this because her parents thought she could slip through in F2A category. There are too many checkmates. So better be honest and change the category now itself. Thus will help in retaining the old date

There's no way to know the circumstances of that individual and why CSPA did not apply. But I guarantee it was not because the petitioner was a green card holder.

Edited March 6, 2019 by geowrian

[Ryan H 3,790]

***Hijack posts and replies to said posts removed; if you have a question about your own case, you need to start your own thread.  Administrative Action will be taken against posters who hijack this thread again.***

[Savan 47]

On 3/5/2019 at 10:16 AM, samuelam said:

Here you go.

 

As long as the F2A visa is available before 12/1/2019. He is still consider as under 21 year old and protected by CSPA act.

 

 

NVC changed his category, they told him he is not eligible for this visa.