CPSA expiring soon

[Unesouad22 9]

Hello members, my mom has applied  for me for green card 

my documents  has been qualified  since April  22 2020

but because of the pandemic  the us consulat  in Morocco  been so slow on sending  interview  letters .

so now my CSPA  age almost expiring  and I don't know what to do. 

is any one went through  this situation  ?? 

I already send a request  to expedite my case but it was not accepted . 

Edited May 24, 2021 by Unesouad22

[SusieQQQ 11,586]

What do you mean your CSPA age is “expiring soon”? Is your priority date current? And have you sent in your DS260 less than a year after that happened? If the answer to both these questions is yes then your CSPA age is frozen as at the date your priority date went current. It doesn’t matter when the interview is. 
 

 

Edited May 24, 2021 by SusieQQQ

[ihsan 7]

1 hour ago, SusieQQQ said:

What do you mean your CSPA age is “expiring soon”? Is your priority date current? And have you sent in your DS260 less than a year after that happened? If the answer to both these questions is yes then your CSPA age is frozen as at the date your priority date went current. It doesn’t matter when the interview is. 
 

 

I heard that  age does not freeze in green card petitions,  and you have to acquire your visa within one year of filling the ds260 form.  He does have a time limit, that’s what some lawyers interpret cspa, I could be wrong.

[Unesouad22 9]

yes the age don't freeze 

I file my Ds260  and I am document qualified   last year in April 22

and my age now is 22year and 3months 

 my CSPA age will expire in July 8 of this month means  I will not be eligible  for f2a no more and my category  will change to f2b 😥😥

[ihsan 7]

2 hours ago, Unesouad22 said:

Hello members, my mom has applied  for me for green card 

my documents  has been qualified  since April  22 2020

but because of the pandemic  the us consulat  in Morocco  been so slow on sending  interview  letters .

so now my CSPA  age almost expiring  and I don't know what to do. 

is any one went through  this situation  ?? 

I already send a request  to expedite my case but it was not accepted . 

I am also waiting for my interview, my case f2a ,my priority date July/24/2017. 
DQ July/29/2020. My case was pending with USCIS for 2.5 years. 
I am  23 years old now. If I minus 2.5 from my age 23 it becomes 20.5 , but the problem is I should get my interview within 5 months or else I won’t be eligible for cspa.???!!! 

[SusieQQQ 11,586]

45 minutes ago, ihsan said:

I heard that  age does not freeze in green card petitions,  and you have to acquire your visa within one year of filling the ds260 form.  He does have a time limit, that’s what some lawyers interpret cspa, I could be wrong.

You heard wrong. The one year deadline is for filing DS260 after the priority date is current.

37 minutes ago, Unesouad22 said:

yes the age don't freeze 

I file my Ds260  and I am document qualified   last year in April 22

and my age now is 22year and 3months 

 my CSPA age will expire in July 8 of this month means  I will not be eligible  for f2a no more and my category  will change to f2b 😥😥

Incorrect. Your age was frozen when you met the requirements, and it will remain so. That’s probably why they won’t expedite you. 
 

Directly from the Department of State manual for consulates: https://fam.state.gov/fam/09FAM/09FAM050201.html#M502_1_1_D

 

The Child Status Protection Act (CSPA), Public Law 107-208, permits an applicant for certain immigration benefits to retain classification as a child under the INA, even if he or she has reached the age of 21.  If an alien qualifies for CSPA benefits, the alien’s age is frozen at the age calculation provided for in the CSPA.  Under certain conditions, an alien whose CSPA age is determined to be younger than 21 and is unmarried will continue to be treated as a child for immigration purposes throughout the processing of the case.  

[Unesouad22 9]

ihsan use the csp age out tools you will fined out exactly how much more time you have 

.one says 1mobth and 11 days

[SusieQQQ 11,586]

1 minute ago, Unesouad22 said:

ihsan use the csp age out tools you will fined out exactly how much more time you have 

.one says 1mobth and 11 days

So you are saying the official department of state publication is incorrect? 🙄 “you heard” means more than the official manual? 

[SusieQQQ 11,586]

52 minutes ago, ihsan said:

I am also waiting for my interview, my case f2a ,my priority date July/24/2017. 
DQ July/29/2020. My case was pending with USCIS for 2.5 years. 
I am  23 years old now. If I minus 2.5 from my age 23 it becomes 20.5 , but the problem is I should get my interview within 5 months or else I won’t be eligible for cspa.???!!! 

You are working on the wrong assumption. It is not a moving target, you don’t keep subtracting the processing time continuously.  If your priority date became current and you submitted a ds260 within one year of that date, your CSPA age froze on the date a visa became available.  It doesn’t matter when you interview.

[Unesouad22 9]

nop I did not say that 

but in the same time I want to understand  how the age is frozen because  you are the first one saying that to me 

https://www.***removed***/cspa-calculator/

I use this tool 

[SusieQQQ 11,586]

2 minutes ago, Unesouad22 said:

nop I did not say that 

but in the same time I want to understand  how the age is frozen because  you are the first one saying that to me 

https://www.***removed***/cspa-calculator/

I use this tool 

Well I don’t know where you’ve been reading,  I even gave you the official manual which says that, if that’s not good enough for you then I’m not sure what is.

 

If you use the tool properly you don’t get confused. I use that tool all the time. It does not ask an important question, which is when you submitted DS260. So you are misinterpreting it because it does not ask a “seek to acquire” date.

 

 

Edited May 25, 2021 by SusieQQQ

[Unesouad22 9]

10 minutes ago, SusieQQQ said:

Well I don’t know where you’ve been reading,  I even gave you the official manual which says that, if that’s not good enough for you then I’m not sure what is.

 

If you use the tool properly you don’t get confused. I use that tool all the time. It does not ask an important question, which is when you submitted DS260. So you are misinterpreting it because it does not ask a “seek to acquire” date.

 

 

okay you know hopefully  you are right I am prying for that lol.

so please can you explain  to me soooooo slow 🙏🙏

when is my age froze exactly  and what  do you mean by current because  f2a is always current in the visa bulletin 

[Unesouad22 9]

35 minutes ago, SusieQQQ said:

Well I don’t know where you’ve been reading,  I even gave you the official manual which says that, if that’s not good enough for you then I’m not sure what is.

 

If you use the tool properly you don’t get confused. I use that tool all the time. It does not ask an important question, which is when you submitted DS260. So you are misinterpreting it because it does not ask a “seek to acquire” date.

 

 

okay I got you point we are talking I a completely  different  category  

my mom is not Citizen she only greencard  holder 

the age is froze for children  of a us citizen  but for creon card holder  are not :((

I was happy  for a second   but thank you  for ur information 

[SusieQQQ 11,586]

10 minutes ago, Unesouad22 said:

okay I got you point we are talking I a completely  different  category  

my mom is not Citizen she only greencard  holder 

the age is froze for children  of a us citizen  but for creon card holder  are not :((

I was happy  for a second   but thank you  for ur information 

You are getting mixed information and not understanding it properly

 

the age of a child of US citizen is always frozen at the date of filing petition - end of story - they can never age out

 

the CSPA age of a child of a green card holder is frozen at the date a visa is available: this is the date that the priority date is current, or the petition  is approved, whichever is later. F2A is not always current but it has been the past few years. So if F2A is current, a visa becomes available when the petition is approved, and this is the date the CSPA age becomes frozen. Because the time taken to approve the petition is then subtracted to calculate the CSPA age, the CSPA age ends up being the same as the date the petition was filed IF F2A was current all along. The age is frozen as long as you seek to acquire a visa (filling in the DS260 is sufficient for this) within one year of visa availability. So for you, the date your i130 was approved by USCIS is the date of visa availability. You obviously submitted a DS60. Your age is frozen  regardless when you interview.  A green card holder's child or derivative of family member can age out in some circumstances , these being the circumstances  where the wait for the priority date to be current takes long enough to cancel out the CSPA benefit. This is not applicable to your case. The date of determining whether or not you age out is the date a visa is available. It does not change after that.

[ihsan 7]

12 hours ago, SusieQQQ said:

You are getting mixed information and not understanding it properly

 

the age of a child of US citizen is always frozen at the date of filing petition - end of story - they can never age out

 

the CSPA age of a child of a green card holder is frozen at the date a visa is available: this is the date that the priority date is current, or the petition  is approved, whichever is later. F2A is not always current but it has been the past few years. So if F2A is current, a visa becomes available when the petition is approved, and this is the date the CSPA age becomes frozen. Because the time taken to approve the petition is then subtracted to calculate the CSPA age, the CSPA age ends up being the same as the date the petition was filed IF F2A was current all along. The age is frozen as long as you seek to acquire a visa (filling in the DS260 is sufficient for this) within one year of visa availability. So for you, the date your i130 was approved by USCIS is the date of visa availability. You obviously submitted a DS60. Your age is frozen  regardless when you interview.  A green card holder's child or derivative of family member can age out in some circumstances , these being the circumstances  where the wait for the priority date to be current takes long enough to cancel out the CSPA benefit. This is not applicable to your case. The date of determining whether or not you age out is the date a visa is available. It does not change after that.

If it’s what you says is true, then you have given us a new hope, thank you for explaining it, one thing I am still little confused is ( the age is frozen as long as you seek to acquire a visa “ filling in the ds260 “   I should acquire a visa within one year of visa availability by filling the ds260 , not the actual visa when it’s issued by the consular?