CSPA Question

[HectorMR 1]

Hello everyone! I was hoping you could help me with the following question. My uncle asked for my father to have a visa under the F4, and the priority date is August 2, 2007. 
I was 13 years old on the priority date.

In this month, there were some changes to the visa bulletin, so we can use the Dates for Filing Chart instead of the Final Action dates.

In July 2020, the Dates for Filing Chart on F4 became current (15 AUG 2007), and at that time, I was 25 years 10 months old. I was looking for information about CSPA, and if my priority date was August 2, 2007, and the notice date on I-797 was October 15, 2010, I believe the pending time was 3 years 2 months. If I subtract 3 years from 25, I'm 22 years 8 months old CSPA age.
 

Does this mean that I'm ineligible for a visa? I filled out both my parents' DS-160 forms, and I also filled out mine. Additionally, I was able to pay fees, and as of today, everything is accepted on the CEAC website. We are only waiting for the interview letter and dates.
 

I'm worried that maybe I will not be eligible. Literally all of my father's family lives as citizens in the US, my sister and niece also live as permanent residents in the US, and probably both my father and mother will get their permanent residence in the US. Practically, all of my family is going to be there.
 

Is anyone in a situation similar to mine? If I'm already accepted on CEAC, does that mean I'm protected? Did I just pay fees just to get a "no" as an answer? Is there anything I can do?

[dwheels76 5,468]

18 minutes ago, HectorMR said:

Hello everyone! I was hoping you could help me with the following question. My uncle asked for my father to have a visa under the F4, and the priority date is August 2, 2007. 
I was 13 years old on the priority date.

In this month, there were some changes to the visa bulletin, so we can use the Dates for Filing Chart instead of the Final Action dates.

In July 2020, the Dates for Filing Chart on F4 became current (15 AUG 2007), and at that time, I was 25 years 10 months old. I was looking for information about CSPA, and if my priority date was August 2, 2007, and the notice date on I-797 was October 15, 2010, I believe the pending time was 3 years 2 months. If I subtract 3 years from 25, I'm 22 years 8 months old CSPA age.
 

Does this mean that I'm ineligible for a visa? I filled out both my parents' DS-160 forms, and I also filled out mine. Additionally, I was able to pay fees, and as of today, everything is accepted on the CEAC website. We are only waiting for the interview letter and dates.
 

I'm worried that maybe I will not be eligible. Literally all of my father's family lives as citizens in the US, my sister and niece also live as permanent residents in the US, and probably both my father and mother will get their permanent residence in the US. Practically, all of my family is going to be there.
 

Is anyone in a situation similar to mine? If I'm already accepted on CEAC, does that mean I'm protected? Did I just pay fees just to get a "no" as an answer? Is there anything I can do?

I hope you meant you submitted the DS-260 for each of you. DS-160 is for non-immigrant Visas. Yes it looks like you have aged out. Has NVC sent you a notice yet?

[HectorMR 1]

1 minute ago, dwheels76 said:

I hope you meant you submitted the DS-260 for each of you. DS-160 is for non-immigrant Visas. Yes it looks like you have aged out. Has NVC sent you a notice yet?

Yes that correct! I meant DS-260, sorry about that.

Last message from NVC was "Case FE Review Note: Please submit every 2021 W-2/1099 form for "petitioner"." on 17FEB2023.
We uploaded those documents on "Additional AOS Supporting Documentation for "petitioner".
AOS, Financial Evidence, and Civil Documents of my parents and I are with status Accepted. Everything is already paid.

We submitted everything the first time on 31 JAN, 17 FEB everything was accepted and 18 FEB we submitted the additional documents.
I believe maybe in 2 weeks we get another message from NVC.

[HectorMR 1]

4 hours ago, HectorMR said:

Hello everyone! I was hoping you could help me with the following question. My uncle asked for my father to have a visa under the F4, and the priority date is August 2, 2007. 
I was 13 years old on the priority date.

In this month, there were some changes to the visa bulletin, so we can use the Dates for Filing Chart instead of the Final Action dates.

In July 2020, the Dates for Filing Chart on F4 became current (15 AUG 2007), and at that time, I was 25 years 10 months old. I was looking for information about CSPA, and if my priority date was August 2, 2007, and the notice date on I-797 was October 15, 2010, I believe the pending time was 3 years 2 months. If I subtract 3 years from 25, I'm 22 years 8 months old CSPA age.
 

Does this mean that I'm ineligible for a visa? I filled out both my parents' DS-160 forms, and I also filled out mine. Additionally, I was able to pay fees, and as of today, everything is accepted on the CEAC website. We are only waiting for the interview letter and dates.
 

I'm worried that maybe I will not be eligible. Literally all of my father's family lives as citizens in the US, my sister and niece also live as permanent residents in the US, and probably both my father and mother will get their permanent residence in the US. Practically, all of my family is going to be there.
 

Is anyone in a situation similar to mine? If I'm already accepted on CEAC, does that mean I'm protected? Did I just pay fees just to get a "no" as an answer? Is there anything I can do?

I want to add something new I just found, maybe someone knows a little bit more about this.

In this scenario, my priority date from the F4 visa petition filed by my uncle for my father can be retained for my F2B visa petition, as long as my F2B petition is filed by my lawful permanent resident (LPR) father, not my uncle. This is known as retaining the priority date.
This can help reduce my waiting time for a visa, as the priority date from the original petition can be applied to the new petition.

I found this info over here:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1153&num=0&edition=prelim

It says: 

Quote

(3) Retention of priority date

If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.

So as I understand, this means that my father can file a F2B petition for me at the time of his interview with the embassy and I could retain my August 02, 2007 Priority Date which will be current on any future Visa Bulletin F2B.
If this is true, I believe that I will not be able to travel with both of my parents right now, but I will be able to join them after lets say 1 year which I think would be the time to pay fees and submit a new DS260,  Civil Documents and new interview for this new case. 

Is this correct?

I'll appreciate any comments about this situation. Thank you so much.

 

[Family 4,025]

No, you cannot retain the priority date of your father’s  I-130…section  you linked does not apply to your case. Once your dad gets LPR status and files for you, that will be your priority date…long waitress.

 

It’s encouraging that you were able to do DS-260 , pay fees and Stanton ready for internet, you may be protected. 

Edited February 22, 2023 by Family

[HectorMR 1]

Hello again, I just realized something else that I want to share. I didn't find anything like this on any other thread.

Ok, so.
Priority Date: August 02, 2007
Notice Date: October 15,  2010
Birthday: September 10, 1994
Derivate beneficiary of my father, based on an F4 preference.
IV Fee Paid January 14, 2023. Processed: January 18, 2023.
DS260 completed and submitted January 21, 2023.
Civil Documents uploaded January 21 and accepted February 17

Child Status Protection Act Age Calculation:
 

Quote

Age at time of visa availability - Pending time = CSPA Age

Approval Date - Filing Date = Pending Time

 

Determining Age at Time of Visa Availability

Quote

In order for the immigrant visa to be considered available for CSPA purposes, two conditions must be met:

• The petition must be approved; and

• The visa must be available for the immigrant preference category and priority date.

Therefore, the date the visa is considered available for family and employment-based preference applicants is the later of these two dates:

• The date of petition approval; or

• The first day of the month of when USCIS considers a visa available for accepting and processing an adjustment of status application for that immigrant preference category and priority date.

Impact of When a Visa is Authorized for Issuance on the Child Status Protection Act Age Determination

Quote

If an eligible applicant filed an adjustment of status application but later a visa is not available for issuance based on the DOS Visa Bulletin Final Action Dates chart for the applicant’s priority date, country of chargeability, and visa category, USCIS holds the application until the visa becomes available for issuance and the application can be adjudicated.
The applicant’s CSPA age is determined based on how long the applicant’s underlying petition was pending and the applicant’s age when a visa became available to the applicant or the petition is approved, whichever is later. The CSPA age associated with the petition does not change after the filing of the adjustment of status application and is frozen through the final adjudication, regardless of when a visa is authorized for issuance based on the Final Action Dates chart.

February 2023 Visa Bulletin Final Action Dates:
 

Quote

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01DEC14	01DEC14	01DEC14	01APR01	01MAR12
F2A	C	C	C	C	C
F2B	22SEP15	22SEP15	22SEP15	01JUN01	22OCT11
F3	22NOV08	22NOV08	22NOV08	01NOV97	08JUN02
F4	22MAR07	22MAR07	15SEP05	01AUG00	22AUG02

So, according to February 2023 Visa Bulletin Final Action Dates, my Priority Date is not current on F4.
So in my case, I do not have to use this date for Age at time of visa availability for CSPA age calculation because my PD is not current on Final Action Dates.

So instead, my Age at time of visa availability is my age of Notice Date on the I-797?
Notice Date / Petition Approval is October 15, 2010 so I had 16 years 1 month back then.

And CSPA age is: 16 years 1 month - pending time (3 years 2 months) = 12 years 11 months.???

I understand that my age would get locked at 12 years 11 months because I already paid fees, submitted DS260 and my documents were accepted right?

Did I just got saved by the bell? Because of this new policy of USCIS on Feb 14, 2023?
 

Quote

On Feb. 14, 2023, USCIS issued policy guidance in the USCIS Policy Manual to update when an immigrant visa “becomes available” for the purpose of calculating Child Status Protection Act (CSPA) age for noncitizens seeking lawful permanent resident status in a preference category. This guidance is effective immediately and applies to adjustment of status applications we adjudicate on or after Feb. 14, 2023. 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20230214-CSPA.pdf
 

Quote

U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance in its Policy Manual, which makes a key change in the interpretation of when an immigrant visa number “becomes available” for the purpose of calculating a child’s age under the Child Status Protection Act (CSPA). Under this new guidance, starting Feb. 14, 2023, USCIS will use the “Dates for Filing” chart (Chart B) to calculate children’s ages for CSPA protection purposes. This will provide children with more opportunities to secure their eligibility for permanent residence as dependents of their parents.

https://www.natlawreview.com/article/uscis-updates-child-status-protection-act-cspa-age-calculation-certain-adjustment

If my CSPA age is calculated based on Dates for Filling chart, my PD is current on July's 2020 Visa Bulletin and my CSPA will be 22 years (as I said at the beginning of this thread)

[Chancy 6,241]

*** Moved from NVC forum to Bringing Family of USC forum, where similar topics about CSPA for derivatives of F4 cases are discussed ***