CSPA related question for DQ application

[Rusal 8]

Hello all, so my question pertains to the CSPA and to understand whether NVC locks in an applicants CSPA age when the case has been DQ'd. 

 

To provide some more detail, this case is for a relative of mine who is under the F3 category. Priority date for his case is January 2009, and NVC established a case number in June 2020 as per the visa bulletin's Filing Date section. My relative has a son, who at that time, was 20 years 2 months old. The I-130 pending duration was 1 year 6 months 5 days. Based on the calculation I did, his CSPA age should be 18 years 7 month 5 days in June 2020. I'm not sure if this is correct or not, but you guys might be able to confirm. 

 

So all documents were gathered and submitted and by November 2020, NVC considered the case as documentarily qualified. So since my relative had submitted the DS-260 within a year of NVC contacting him, I assume that he has met the "sought to acquire" requirement. We are now awaiting for the priority date to become current under the "Final Action Date" section of the visa bulletin, which currently is set to December 2008. So I'm thinking my relative should be getting an interview notice within the next 2-3 months since a visa will become available around that time.

 

Our concern is whether the adult son (who is now 23 years old), will be eligible to even attend the interview. I think that will depend on how the CSPA age is factored in, but I am not sure myself and I am having trouble understanding this aspect of the process. Is this upto the consular officers discretion? Or do they have a method of determining how to handle this situation? I don't know if his CSPA age can be considered "frozen" as of June 2020/November 2020 or not. Should we assume that he is definitely "aged out"? Let me know if further information is needed. Thanks.

[Mike E 11,723]

Per https://travel.state.gov/content/dam/visas/AILA/AILA-National-Visa-Center-QA-Responses-Nov-2-2017.pdf the CSPA age freezes only when the PD is current per the Final Action Date chart. 
 

You wrote:

1 hour ago, Rusal said:

We are now awaiting for the priority date to become current under the "Final Action Date" section of the visa bulletin

So there is no CSPA age yet.

 

Trends are not good on the visa bulletin in 2023. 
 

There is faint hope: 

 

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

 

“

• explains that USCIS considers a visa available for purposes of CSPA age calculations at the same time USCIS considers a visa available for accepting and processing the adjustment of status application.”

Currently USCIS uses the filing date chart for family based petitions when filing I-485. There is speculation DoS will adopt this policy.

[Chancy 6,233]

*** Moved from NVC forum to Bringing Family of USC forum, where similar topics about CSPA for derivatives of F3 cases are discussed ***

 

[Rusal 8]

22 minutes ago, Mike E said:

There is speculation DoS will adopt this policy.

That would be great.

[Boiler 43,462]

PD for F3 ROW is 22DEC08

 

So there is nothing to calculate now.

 

When will it move forward, maybe October but who knows. It seems a simple age out situation.