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Posted

Hi everyone,

 

I’m facing a confusing situation with my immigration case and I’d really appreciate any insight from others who may have been through something similar.

 

My father is a lawful permanent resident and filed an I-130 for me in the F2A category on July 7, 2021. I was born on February 25, 2001, and was under 21 when the petition was filed. However, due to long delays, USCIS did not start actively reviewing the petition until September 9, 2022, and only approved it on January 3, 2024 — more than 2.5 years later.

 

When my case was transferred to the NVC, it initially appeared as F24, but later I was granted CSPA protection, and on September 25, 2024, my visa category was properly updated to F22. I received the “Start Now” document collection message on October 1, 2024, and got access to CEAC.

 

Due to personal circumstances, I wasn’t able to submit my DS-260 and civil documents immediately, so I contacted NVC on January 14, 2025 to ask how to keep my case active. They replied on January 17, 2025, stating that as long as I didn’t let more than one year go by without contact, my case would remain active — and that logging into CEAC also counts as contact.

 

Following their advice, I submitted my DS-260 and financial documents on August 4, 2025, which is clearly within the 1-year window. But on August 18, 2025, I noticed my visa category had somehow reverted back to F24, which contradicts my previously granted CSPA status.

 

I’ve submitted an AskNVC inquiry with attached PDF proof of their prior messages and my timeline, but haven’t received a response yet.

 

Has anyone here seen a similar situation where CSPA was granted and then the category reverted? Did they fix it? I’m just trying to stay hopeful. Any thoughts or experiences would be appreciated.

 

Thanks!

Posted

 

31 minutes ago, calido said:

Due to personal circumstances, I wasn’t able to submit my DS-260 and civil documents immediately, so I contacted NVC on January 14, 2025 to ask how to keep my case active. They replied on January 17, 2025, stating that as long as I didn’t let more than one year go by without contact, my case would remain active — and that logging into CEAC also counts as contact.

 

That does keep your case active, but doesn't stop you aging out in to F2B. You have to 'seek to acquire' the visa within a year of it becoming available to you if you want to take advantage of CPSA.

 

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

 

"To benefit from CSPA as an alien applying for family preference (including VAWA self-petition), employment-based preference, or a DV , you must seek to acquire lawful permanent resident status within 1 year of when a visa becomes available . This is referred to as the “sought to acquire” requirement.

 

You may satisfy this requirement by:

Posted
3 minutes ago, appleblossom said:

 

 

That does keep your case active, but doesn't stop you aging out in to F2B. You have to 'seek to acquire' the visa within a year of it becoming available to you if you want to take advantage of CPSA.

 

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

 

"To benefit from CSPA as an alien applying for family preference (including VAWA self-petition), employment-based preference, or a DV , you must seek to acquire lawful permanent resident status within 1 year of when a visa becomes available . This is referred to as the “sought to acquire” requirement.

 

You may satisfy this requirement by:

 

Hey, thanks for your input. You’re absolutely right that CSPA requires the applicant to “seek to acquire” LPR status within 1 year of visa availability.

 

But I just wanted to clarify — I did meet that requirement:

 

  • I contacted NVC in January 2025 (within a few months of visa becoming available in Oct 2024), and asked how to keep my case active.
  • NVC replied on Jan 17, 2025, saying that accessing CEAC is enough to maintain contact.
  • Then I paid the IV fee, submitted my DS-260, and uploaded all AOS/financial documents on August 4, 2025 — again, all within the 1-year window.

 

 

According to USCIS guidance and case law, that does satisfy the “sought to acquire” condition. In fact, many CSPA-approved cases use that timeline and same steps.

 

Appreciate the link and your reply though — really helps to double-check everything. 👍

Posted (edited)
7 minutes ago, calido said:

Then I paid the IV fee, submitted my DS-260, and uploaded all AOS/financial documents on August 4, 2025 — again, all within the 1-year window.

 

That didn't seem to be within the one year window to me though, as from the dates you've given a visa become available to you on 1st June 2024. So you'd have had to have paid the fee etc before 1st June 2025 to have met the sought to acquire requirement. 

 

But I've only done a quick look/calculation - if you're eligible, NVC will put you back to F2A soon I'm sure. I guess the argument you'll have to make if they refuse is that because they incorrectly moved you to F2B the first time, it mean you couldn't pay the fees etc when you should have been able to. 

 

Good luck. 

Edited by appleblossom
Posted
3 minutes ago, appleblossom said:

 

That didn't seem to be within the one year window to me though, as from the dates you've given a visa become available to you on 1st June 2024. So you'd have had to have paid the fee etc before 1st June 2025 to meet the sought to acquire requirement. 

You’re right — based on the Visa Bulletin, my priority date (July 7, 2021) first became current in June 2024, so technically June 1st is the “visa available” date.

 

However, I submitted my DS-260 and financial documents in early August 2025, so still within ~14 months — but I also contacted NVC in January 2025 and got official written guidance, which I followed in good faith.

 

According to USCIS policy, as long as the applicant makes a good faith effort and shows intent to proceed, and especially in cases where NVC provides instructions, the one-year window is interpreted reasonably — not strictly to the day.

 

And again, I acted exactly as instructed by NVC — that’s why I believe the “sought to acquire” requirement is still fully satisfied in my case.

 

Thanks again for pointing out the details — it’s helping me stay sharp on all this. 🙏

Posted
1 minute ago, calido said:

also contacted NVC in January 2025 and got official written guidance, which I followed in good faith

 

Their advice is correct though. It does keep the case active, but it doesn't stop you aging out, they just didn't mention that bit!

 

But as I said above, if you couldn't submit in June 2024 because they had you as F2B, that's the argument you'll have to make if they refuse to move you back. 

Filed: K-1 Visa Country: Wales
Timeline
Posted

CSPA is not granted, it always applies.

 

the longer the I 130 takes the better in your situation, seems about 2 1/2 years to deduct.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

You do seem to be confusing 2 issues

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Russia
Timeline
Posted

This might be helpful.  A little old, but someone that dealt with a similar issue.

 

Good Luck!

 

 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Filed: K-1 Visa Country: Wales
Timeline
Posted
5 minutes ago, calido said:

Sorry, can you please be more precise? Thank you

did you age out

 

how do you keep a petition alive

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
15 minutes ago, Boiler said:

did you age out

 

how do you keep a petition alive

No, I didn’t age out. Here’s why:

 

  • I-130 was filed: July 2021
  • Approved: January 2024 → that’s about 2.5 years (30 months)
  • Priority date became current / visa available: Around June 2024
  • My birthdate: February 25, 2001 → My biological age was 23 at that time
  • But under CSPA, subtracting 2.5 years → My CSPA age was still under 21

 

 

So I qualified under CSPA, and on Sept 25, 2024, NVC updated my category to F22, confirming this.

 

To keep the petition active, I contacted NVC on Jan 14, 2025, and followed their advice to submit documents before 1 year passed. On August 4, 2025, I completed DS-260, AOS, and fee payments — well within the timeline.

 

Now suddenly my case reverted to F24, which I believe is an error — that’s why I reached out.

Edited by calido
Posted

Can you amend your text so it's a bit smaller? No idea why it's coming up so huge but it makes it really hard to read! 

 

Boiler wasn't saying you had aged out, just that you are looking at two issues - aging out and seeking to acquire - as one.

 

All you can do is wait and see what NVC say, and if they refuse to move you back to F2A that's when you'll have to argue that you couldn't seek to acquire within a year anyway due to their original error. 

 

Good luck. 

Posted
37 minutes ago, appleblossom said:

 

Their advice is correct though. It does keep the case active, but it doesn't stop you aging out, they just didn't mention that bit!

 

But as I said above, if you couldn't submit in June 2024 because they had you as F2B, that's the argument you'll have to make if they refuse to move you back. 

 

Thanks again to everyone who contributed their input — I really appreciate all of it.

 

Just to clarify where I stand:

When I contacted NVC in January 2025, I included my case number and clearly explained my situation.

I don’t believe it was my responsibility to second-guess their answer — they told me that logging into CEAC would keep the case active and that I had one year.

So I followed exactly what they advised — nothing more, nothing less.

 

At this point, I’ll just wait and see what NVC decides. If needed, I’ll use their own written response to support my case.

 

Thanks again to everyone for your help and comments.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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