F2A aging out after uscis and nvc aproved

[Dannyboy1 1]

I have a problem with my immigration visa at US embassy at Warsaw. After uscis and nvc aproved my visa in f2a category and scheduled interview in may 2021 in Poland consul said that im in wrong category because im aged out. Consul said that I have to wait for group f2b. My priority date is 18 November 2016 and now visa buletin stop and is huge backlog. I just came to Poland just for 2 weeks and now I'm here almost 10 months. I wanna ask you that you heard about case like mine? How is possible that uscis and nvc used filling dates (chart B) of visa buletin and scheduled my interview in category f2a and us consul at embassy change my category to f2b. They said that they have inside law and now they use final action chart. I know that is on uscis page that we have to calculate CSPA by chart A but uscis and nvc used chart b. 

 

DOB: 23 SEPTEMBER 1996

PRIORITY DATE: 18 NOVEMBER 2016

I-130 APROVED: 28 FEBRUARY 2018

 

Do you heard anything like that?

 

Do you have any idea how I can deal with that?

Edited February 12, 2022 by Dannyboy1

[Allaboutwaiting 2,503]

On a quick Google search I found an article from an attorney where the advice is to hire an attorney in this case. Surprising, right? 

 

Jokes aside, the article says that the way to go is contacting the embassy and provide documents that prove the child did not age out.

I do not know if you could do that yourself. 

 

Remember that in order to avoid a child aging out you must apply for the visa not long after the PD became current. 

 

[Dannyboy1 1]

I already have an attorney and They sent email to embassy after the interview and last week. They explain that is wrong calculating and that uscis and nvc aproved my petition and scheduled interview in f2a category after check my all documents which were add on ceac account. Us consulate, nvc and legal net don't explain why nvc and uscis used filling dates and us embassy use final action. That situation put me  and my mom in really hardship position. We live in USA and we dont have anything in Poland... moreover I have waiver I-601a because my mom need my help because she have some psychic and heart problems...

[Allaboutwaiting 2,503]

The only other thing I can think of is your petitioner contacting their congressman asking for help with your case. 

[arken 4,197]

4 hours ago, Dannyboy1 said:

Us consulate, nvc and legal net don't explain why nvc and uscis used filling dates and us embassy use final action.

There is nothing to explain, the filing date is just so one can start the process. Uscis won't approve GC until PD is current based on final action date.

NVC starts process several months before PD becomes current for visa processing but one cannot be issued until PD becomes current per final action date.

 

When did your PD become current per Final action date? That will determine if you are under 21 per cspa. 

[Dannyboy1 1]

February 2019 

 

But they scheduled my interview in April 2021 and they know that im aged out this they...

[Dannyboy1 1]

I know several case when nvc changed f22 to f24 before schedule interview because aging out... 

[arken 4,197]

51 minutes ago, Dannyboy1 said:

February 2019 

 

But they scheduled my interview in April 2021 and they know that im aged out this they...

If it became current on Feb 2019, you just just aged out even with cspa age at that time. So F2A to F1 conversion is correct. Usually they want you or the petitioner to inform them of aging out so they don't schedule the interview. At this time all you need to do is wait till your F2B to become current.

[jan22 3,056]

If your priority date became current on Feb 1, 2019, your CSPA age calculated with the dates you supplied was 21 years, 28 days -- i'm sorry, but that means you aged out, as the Consular officer said. 

 

Please note, neither USCIS nor NVC has authority to approve your visa (as you stated in your first post) or make a final determination of CSPA eligibility.  Those actions are the responsibility of the Consular officer.

 

 

Edited February 12, 2022 by jan22

[Dannyboy1 1]

So if is like this if i got immigration attorney. He have to let know  US Embassy or nvc that im aged out or what? Can you explain me who make a mistake?

Edited February 12, 2022 by Dannyboy1

[arken 4,197]

The straight answer is CO didn't make a mistake. You had aged out. If you had a lawyer helping your for visa preparation, he was supposed to know these things.

[Dannyboy1 1]

So nobody right take any responsibility for that mistake. I don't make a mistake because I don't know really good immigration law but this situation put me and my mother in really bad medical and financial problems. 

Edited February 12, 2022 by Dannyboy1

[arken 4,197]

In terms of going from F2A to F2B, nobody made the mistake, it's just a process. You were F2A when it started but aged out. The only loss at this time DS260 fee and going thru interview that could have been avoided for sure. Anyway looks like 1 more year left for F2B for you.

[Allaboutwaiting 2,503]

5 hours ago, Dannyboy1 said:

February 2019 

 

But they scheduled my interview in April 2021 and they know that im aged out this they...

That was exactly the issue, as they substract from your age just the time that USCIS was processing the case, not the time that passed AFTER the PD becomes current. 

 

Not sure if you can do something regarding the 2 years delay from when the PD was current to when the actual interview was scheduled.

As I mentioned earlier, your petitioner can try contacting their congressman asking for help. 

[aaron2020 11,651]

5 hours ago, Dannyboy1 said:

So nobody right take any responsibility for that mistake. I don't make a mistake because I don't know really good immigration law but this situation put me and my mother in really bad medical and financial problems. 

You did make a mistake because you don't know really good immigration law.  

It's your case.  The mistake is yours.  You need to take responsibility.  If you don't have the knowledge, then you need to hire a lawyer - that's how the system works.  You paid the NVC and US Embassy to process the case.  You didn't pay for an approval.  They did their job according to the law.  You didn't understand how CSPA works and that is on you.  

 

Your case is one of the rare ones.  You were qualified to file under Table B of the Visa Bulletin.  However, by the time that your PD became final in Table A of the Visa Bulletin, you had aged out under CSPA.  In a case like this, you as the applicant are responsible to know that you no longer qualified in the F2a category under CSPA.  This calculation could have been done in June of 2018.

Your I-130 was filed about 3 months before your 21st birthdate.  The time that USCIS took to approve the I-130 was not used against you.  However, the clock starts running again when USCIS approved the I-130.  Since your PD was not current 3 months after the I-130 was approved, you aged out under CSPA.  

There is nothing a lawyer can do.  

2 hours ago, Allaboutwaiting said:

That was exactly the issue, as they substract from your age just the time that USCIS was processing the case, not the time that passed AFTER the PD becomes current. 

 

Not sure if you can do something regarding the 2 years delay from when the PD was current to when the actual interview was scheduled.

As I mentioned earlier, your petitioner can try contacting their congressman asking for help. 

Delay in interviewing did not affect the CSPA calculation.  He simply aged out.

Edited February 12, 2022 by aaron2020