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Posted

Hi, looking to clarify some information and understand if my case (which was filed under F2A) is now considered as aged out and not eligible for CSPA.

 

My DOB: 12/17/01, Priority date: 09/22/22, I-130 approved on: 10/28/24, Petition became current (F2A): 10/1/25

 

Based on my calculation my age would be 21 years, 8 months, 8 days, so it would not qualify.

However, I read on USCIS website that a different clause applies for "Determining When a Visa is Available for the CSPA Age Calculations for Adjustment Applications Filed Before August 15, 2025"

 

I am located overseas so I am not applying for Adjustment of Status. Can anyone tell me if that clause only applies for that or for other "sought to acquire" requirements as well? I did submit the AoS and paid the fees and I actually am Documentary Qualified since 12/17/24.

 

If it does not apply and I would not be considered F2A anymore, does it mean they will change my category to F2B? and just need to wait for the priority date to become current?

 

Thanks for any and all your help!

Posted

So if it says that clause is for adjustment applications then that wouldn't be relevant to you. They've changed it now, so that adjustment and consular apps have to use the same date.

 

I calculate it the same as you. Sorry, but seems you've aged out in to F2B. 

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Just curious, which visa bulletin date do you use in the calculator?  When I use the Final Action Table CSPA is still current, but when I use the second table in paragraph 4 CSPA is expired.  Just trying to learn more.

 

 

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

Well A was the one that mattered and B was for when they started processing, but for a few years if you were adjusting you could use B, very weird.

“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
2 minutes ago, Boiler said:

Well A was the one that mattered and B was for when they started processing, but for a few years if you were adjusting you could use B, very weird.

So when I use the F2A date from table A with the other dates the OP gave us, it looks like CSPA is still good, but does the clock stop at that date or when the visa interview is conducted?  Apologies, I always get confused with CSPA calculations.

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

Just looking at it roughly OP is nearly 24 less 2 years of protection so over 21 have not looked at the bulletin.

 

do not have my Computer with me and am much better with that

“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
2 hours ago, Dashinka said:

So when I use the F2A date from table A with the other dates the OP gave us, it looks like CSPA is still good, but does the clock stop at that date or when the visa interview is conducted?  Apologies, I always get confused with CSPA calculations.

 

For family preference it's either the date the I-130 is approved, or the date they become current on the VB (Table A), whichever is later. For the OP that will be the date it's current, 1st Oct.

 

So on that date (if my calculations are correct) OP will be ~23 years and 10 months. Taking off the almost 2 years the I-130 took to approve gives ~21 years and 11 months ish (as a very rough calculation). So over 21 unfortunately. 

 

 

Filed: Citizen (apr) Country: Russia
Timeline
Posted
14 hours ago, appleblossom said:

 

For family preference it's either the date the I-130 is approved, or the date they become current on the VB (Table A), whichever is later. For the OP that will be the date it's current, 1st Oct.

 

So on that date (if my calculations are correct) OP will be ~23 years and 10 months. Taking off the almost 2 years the I-130 took to approve gives ~21 years and 11 months ish (as a very rough calculation). So over 21 unfortunately. 

 

 

Thanks, I guess those online calculators are not very accurate.

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!!!!!!!

 
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