Interview Cancelled. Child of now USC but applied as LPR

[DaMcM 0]

Hello,  We were very excited about the process until the phone call from the embassy today.  Submitted I-130 for my daughter while I was a LPR.  She was 20 at the time the application was accepted and assigned priority date of 3/02/18.  My USC husband was unable to petition due to her age over 18.  I became a US citizen through naturalization in June 2019 and sent in the obligatory letter to update my daughter's application annotating my newly acquired citizenship. Unexpectedly, on 8/27/2019, I received I-797 Notice type: Approval Notice, Section: Unmarried child (under age 21) of USA Citizen 201(b) INA.  We were excited.  11/30/19, received email from NVC advising case creation and providing case and invoice number, instructions to enter CEAC and pay fees and to complete and upload documents.  All completed and accepted and the waiting began again when COVID crisis begins.  5/1/2020 NVC sends email stating that they have received all fees, forms and documents that are required prior to attending an interview.  NVC to work with Embassy to schedule appointment.  10/8/20 final NVC email arrives stating that they have scheduled an interview at the embassy for 11/5/20.  Gather documents, complete medical, register delivery address and report to interview.  Today, 10/28/20, embassy calls my daughter to inform her that as she is over 21, her interview is cancelled and she should wait to hear back via email from the embassy.  Do not report for the interview.  Although we did not expect it, we assume the National Visa Center recognized my change in citizenship and then changed my daughter's status to IR2. We were excited to read about the CSPA protection for a minor child of a USC and that they cannot age out if the petition was filed prior to their turning 21.  But now, after the phone call from the embassy, we are back to unknown.  Do you think that the change in my status negatively effects the protection of the CSPA?  We are hopeful that the email will come with a new interview date.  Does anyone have knowledge of this type of situation and outcome.  Thank you.  

[aaron2020 11,651]

Hi,

 

Unfortunately, you made a mistake by naturalizing.

 

While CSPA locks the age of child under the age of 21 when the US citizen parent files the I-130, that's not your case.  You naturalized after your child turned 21 so you weren't a citizen when the I-130 was filed.   Your child's CSPA age locked in on the day you naturalized.  Unfortunately, she was over age 21 on the day you naturalized.  

While CSPA allows for the retention of the F2b category, it does not allow retention of the F2a category.

Essentially, your child is not in the IR2 category because you naturalized after your child turned 21.  Your child can not retain the F2a category because CSPA does not allow it.  Your child is now in the F1 category.

Sorry.  

Edited October 28, 2020 by aaron2020

[SusieQQQ 11,586]

You don’t state her birthday but if she was 20 in March 2018 then she was definitely 21 before you naturalized in July 2019. The post above is correct, the age is reset as of the date of naturalization and  unfortunately you do not have the option to retain her prior category. This means she is now category F1. I believe she keeps the priority date originally assigned to the F2A petition but am not 100% sure about that - @aaron2020 do you know a definite answer to this?

[aaron2020 11,651]

Her PD remains March 2, 2018.