Father Petitions My Sister

[Mary Bernard 17]

 

My father is a green card holder. He just came here Feb 2019, we filed the i-130 for my sister may 2019. She was 20 at that time. She turned 21 on Aug 2019.

 

My sister petitioned got approved March 30 2020. Now we just got the nvc case number and invoice. Paid aos fee and iv fee.

 

Will she be issued an interview and hopefully a visa once the nvc has all the required documents needed?

 

What confused me is that she's 21. Not married no kids, but why is it going so fast? We didn't expect to be at this stage

 

[geowrian 22,335]

CSPA protected her from aging out, and F2A is current right now, so the waiting time is really just processing time (like that of a USC petitioner).

Lucky timing really...traditionally the F2A category has ~2 year wait for the PD to become current....and she probably would have aged out into F2B as a result, with a ~5-7 year wait.

Sometimes the stars align...

 

Once the consulates resume normal visa operations, and NVC processing is complete, she can be scheduled an interview.

Edited May 16, 2020 by geowrian

[SusieQQQ 11,584]

27 minutes ago, geowrian said:

Once the consulates resume normal visa operations, and NVC processing is complete, she can be scheduled an interview.

^ and once the EO ban is over, assuming it’s not extended.

[geowrian 22,335]

12 minutes ago, SusieQQQ said:

^ and once the EO ban is over, assuming it’s not extended.

Good point

[Mary Bernard 17]

What is EO ban?

[Nitas_man 3,100]

Impeccable timing

[SusieQQQ 11,584]

4 hours ago, Mary Bernard said:

What is EO ban?

Executive order by trump banning most immigrant visa issuance, including your sister’s category. Currently due to expire 23 June but may be extended. 

[HRQX 4,145]

17 hours ago, geowrian said:

CSPA protected her from aging out, and F2A is current right now

So the CSPA age in this case is ~20 years and 9 months. Correct? https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa And for F2A does it freeze at that calculated age?

Edited May 16, 2020 by HRQX

[geowrian 22,335]

17 minutes ago, HRQX said:

So the CSPA age in this case is ~20 years and 9 months. Correct? https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa And for F2A does it freeze at that calculated age?

I haven't calculated the exact dates so I cannot confirm that age, but my understanding is she was 20 when the petition was filed and the PD became current before I-130 approval. As such, her CSPA-adjusted age never advanced and therefore she could not have aged out.

For non-IR categories, under CSPA the age is frozen while the I-130 is pending. And what effectively matters is the adjusted-age at the time the PD becomes current.

For IR categories, the age is frozen when the petition is filed and remains frozen after approval (since the PD is always current immediately for IRs, this is really just a subset of the above rule).

[SusieQQQ 11,584]

7 minutes ago, geowrian said:

but my understanding is she was 20 when the petition was filed and the PD became current before I-130 approval. As such, her CSPA-adjusted age never advanced and therefore she could not have aged out.

CSPA age is calculated when a visa is available, which is the later of either priority date being current or approval date. If F2A was already current when the petition was filed, then CSPA age will freeze on approval date.  But..in this particular case she’s protected for that same length of time by CSPA, so it’s moot.

Edited May 16, 2020 by SusieQQQ

[HRQX 4,145]

8 minutes ago, geowrian said:

For non-IR categories, under CSPA the age is frozen while the I-130 is pending. And what effectively matters is the adjusted-age at the time the PD becomes current.

So subtract petition filing date from petition approval date?

Age at Time of Visa Availability

The date the visa is considered available is the later of these two dates:

• The date the petition was approved; or
• The first day of the month of the Department of State Visa Bulletin that indicates that a visa is available for you in the Final Action Dates chart.

Edited May 16, 2020 by HRQX

[geowrian 22,335]

1 hour ago, SusieQQQ said:

CSPA age is calculated when a visa is available, which is the later of either priority date being current or approval date. If F2A was already current when the petition was filed, then CSPA age will freeze on approval date.  But..in this particular case she’s protected for that same length of time by CSPA, so it’s moot.

Yes. I think we are saying the same thing but in different ways.
My point was that since the PD became current while the petition was still processing, effectively her adjusted-age remained the same as of when she filed.

 

Do the math...it works out the same exact way.

Example: Assume a beneficiary was 20 years old exactly when the I-130 was filed. Assume it took 13 months to adjudicate the petition and the PD became current 5 months into filing.

Actual age at time of approval: 21y 1m

Actual age at time visa number became available: 21y 1m (the later of PD being current or petition approval)

CSPA-adjusted age: 21y 1m - 13m = 20y (which is the actual age at the time of filing)

 

The "5 months in the PD became current" piece had no impact on the result due to the timing. This case is just a subset of the full rule.

The full rule notes that they do the calculation based on the later of those conditions. My statement was that it effectively does not matter in this set of circumstances. It will always be completely canceled out when you run the numbers.

Had the PD become current after petition approval, then the numbers above would not cancel out. Their CSPA-adjusted age would advance by the gap between petition approval and the PD becoming current.

 

If they didn't use the later date, it would be possible to have a CSPA-adjusted age less than the actual age at the time of filing...which makes no sense, obviously.

 

1 hour ago, HRQX said:

So subtract petition filing date from petition approval date?

Age at Time of Visa Availability

The date the visa is considered available is the later of these two dates:

• The date the petition was approved; or
• The first day of the month of the Department of State Visa Bulletin that indicates that a visa is available for you in the Final Action Dates chart.

The CSPA-adjusted age would be [actual age at time of visa availability] - [time petition was pending adjudication]

Visa availability = The later of the PD being current or the petition is being approved.

 

In the case where the PD becomes current before petition approval, effectively their CSPA-adjusted age is their actual age at the time of filing.

[SusieQQQ 11,584]

10 minutes ago, geowrian said:

Do the math...it works out the same exact way.

That’s exactly what I said...

5 hours ago, SusieQQQ said:

But..in this particular case she’s protected for that same length of time by CSPA, so it’s moot.

 

Edited May 17, 2020 by SusieQQQ

[geowrian 22,335]

3 minutes ago, SusieQQQ said:

That’s exactly what I said...

Right. We are saying the same thing.

[Mary Bernard 17]

Wait I'm soo sorry its confusing. So is this a good thing that we are at NVC STAGE. we are gonna submit the I864 now. And IV application