CSPA Applicability - I-130 Child under 21

[Abujohn 3]

Hello,

 

Mom (LPR) filed I-130 for my younger brother (18 years old) in March 2023. My brother lives abroad and will go through local embassy (when time comes). 
 

Questions:

1) Does CSPA apply on his case? Will his CSPA age take into account the time where I-130 pending?

2) Since F2A Final Action table is no longer current as of 4/2023, but chart 2 under visa bulletin is still current as of 4/2023, how does his age get calculated after I-130 is approved? USCIS released an update on 2/13/2023 for ‘when visa becomes available’ but it’s really confusing which date ‘freezes’ his calculated age. Is it the chart 2 “Dates for filing” from visa bulletin? Or final action date?

3) When his application makes it to NVC, will NVC reference chart 2 “Dates for filing” to allow the submission for the visa application? 
4) If answer to Q3 is yes, does submitting the visa application freeze his calculated CSPA age and prevent it from aging out? (And then it’s just waiting for actual Final Action date for visa to become available) 

[Boiler 45,662]

18 he has a good chance and the time the I130 takes will be deducted from his age.

[Abujohn 3]

2 hours ago, Boiler said:

18 he has a good chance and the time the I130 takes will be deducted from his age.

Thank you I hope so. Any idea on how CSPA will be calculated based on CSPA update from 2/13?

[Boiler 45,662]

https://www.uscis.gov/newsroom/alerts/uscis-updates-child-status-protection-act-cspa-age-calculation-for-certain-adjustment-of-status

[Abujohn 3]

16 minutes ago, Boiler said:

https://www.uscis.gov/newsroom/alerts/uscis-updates-child-status-protection-act-cspa-age-calculation-for-certain-adjustment-of-status

Thank you for the prompt follow up on this. My confusion stems from the language used ‘adjustment of status’ is referenced against the filing dates chart (table 2 in bulletin). My brother is overseas, and will be going through NVC. Does this mean that the updated policy also apply on NVC applications for CSPA age calculation or is it only on AOS?

 

After I-130 approval :  (His CSPA age = his age when filing date becomes current (not final action date)- I130 pending time)? 

 

thanks