CSPA age out while pending at NVC

[jefhan 2]

Hello! VJ has always been such a great help so I’m coming back for some guidance. My in-laws petitioned for their 19yo son in September 2019. The petition was approved in November 2020, just days after their son’s 21st birthday. I believed that CSPA would protect his age for 14 months while we waited for the NVC to invite them for the rest of the process. We received the letter with the invoice ID in November 2020 and our first login in December showed the Beneficiary as an F24. We sat on it assuming we just had to wait until the NVC notified us that a visa was available. No notice was received via mail or email by the petitioner or the beneficiary and the account on the NVC website has remained unchanged. We’ve verified the contact info there as well. 
 

So now I don’t know what to do. We all know what it’s like to contact anyone at USCIS directly. I’m thinking about going to a lawyer but if there is no way to appeal any of this, then I don’t want to waste money either. I’d appreciate any advice!

 

DOB - 11/4/1999

Priority Date - 9/17/2019

Approval Date - 11/8/20200

According to the visa bulletin, F2A was current at the time the petition was approved. 

[aaron2020 11,651]

Hi,

 

You have a problem.

 

In order for CSPA to freeze an F2a beneficiary's age, the beneficiary must have sought to acquire an immigrant benefit within 12 months of the PD first becoming current.  The PD was current when the I-130 was approved in November 2020.  It's now March 2022 and the beneficiary has not sought to acquire an immigrant benefit by filing a DS-260.

 

Sitting on things and assuming that the NVC was going to do things correctly was a mistake.  It is the petitioner's responsibility to be on top of the case or hire a lawyer to do it.  

You may want to have a consultation with a qualified immigration lawyer.

 

Best of luck.  

[jefhan 2]

Thanks for the quick reply. What is so mind boggling is that his visa class showed as f24 (adult child) and as having no visas available the month after he was approved. So while the class we hoped he should have been in according to CSPA had visas, F24 did not. 

[aaron2020 11,651]

2 minutes ago, jefhan said:

Thanks for the quick reply. What is so mind boggling is that his visa class showed as f24 (adult child) and as having no visas available the month after he was approved. So while the class we hoped he should have been in according to CSPA had visas, F24 did not. 

He should have been an F22 (F2a category).  

Because he was 21 when the I-130 was approved, he was placed in the F2b category.  This is where the petitioner should have been on top of things and asserted CSPA protection and requested the case be moved to the F2a category.  The petitioner should not have waited for 14 months assuming that the NVC was going to handle things.  

[jefhan 2]

 

2 minutes ago, aaron2020 said:

He should have been an F22 (F2a category).  

Because he was 21 when the I-130 was approved, he was placed in the F2b category.  This is where the petitioner should have been on top of things and asserted CSPA protection and requested the case be moved to the F2a category.  The petitioner should not have waited for 14 months assuming that the NVC was going to handle things.  

Thanks. No any good attorneys who have been successful at trying to get this back on track or is this a lost cause?