CSPA rule change(august 15th) and pending application - F2A

[SH-K 1]

Hello everyone,

 

I am sure this question has been asked, and I have tried to research it as much as possible to understand the CSPA aging process. I wanted to post details of a case my mom has filed for my brother and see if I am understanding this correctly:

 

Date my mom arrived in the US as an LPR: July 22nd. (10-year card)

We immediately filed for my brother, whose priority date is: August 1st, 2025 (NOA1 says he was assigned F2A category)

His date of birth: November 29th, 2004 (He turned 21 a month ago on November 29th, 2025)

His petition is still pending.

 

Now, based on what I have researched, his visa availability date will be determined based on the Filing Date table because his case was filed before August 15th (based on the Feb 2023 rules of calculating CSPA). They went back to using Final Date table for cases filed after August 15th, 2025... The latest January bulletin shows the filing date of December 22nd, 2025 for F2A.

 

Since the filing date table is already 5 months past his priority date, and the time his case has been pending will be subtracted from his age at the time of approval of his petition... 

My question is: Does this essentially mean he is protected under CSPA regardless of when USCIS approves his case?

 

Thank you

 

 

Edited Saturday at 02:26 AM by SH-K

[appleblossom 5,640]

18 minutes ago, SH-K said:

Does this essentially mean he is protected under CSPA regardless of when USCIS approves his case?

No, because dates on the Visa Bulletin can retrogress (move backwards), by as much as 2 or 3 years. 
 

It’s just a case of waiting to see what the date is when the I-130 is approved. 
 

Good luck. 

[Boiler 48,434]

Presumably this is an overseas case?