ivory2012

Actually I'd say that USCIS didn't need to even consider CSPA. They simply needed to determine if there exists a Petition-able Relationship between the Petitioner and Beneficiary but they do not determine what Visa category the beneficiary would fall under.

If I understand CSPA it only comes into play AFTER the petition is approved. So If your petition was approved 21 days prior to your sons birthday then CSPA could lock his immigration age at 21 days short of 21 (which wouldn't really help him as he'd never get to the point of Visa issuance in 21 days).

Example:

Petition is approved when child is 20 yrs & 6 months old. As Child of LPR they must wait for PD to become current. This wait takes 3 years. Child is now 23 yrs & 6 months but immigration age was frozen at 20 yrs and 6 months so child has 6 months to completed NVC and consulate processing then land in the US.

In short, by my (very limited) understanding of CSPA it doesn't apply to your Son's case as the petition wasn't approved prior to his 21st birthday.

I totally understand your idea.

But I think CSPA should really come into play because it allows the time a visa petition was pending to be subtracted from an applicant for permanent residence’s biological age so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.

So, if he was approved 21 days after he turned 21, and taking into consideration the CSPA's role which is deducting the time it took to process the petition from his age when the petition was approved (which was Oct 2010 to Apr 2011=5.5 months) then he would only be 20 years and 7 months.

Am I understanding this correctly or am I just being biased and hopeful???

Check out this write-up about CSPA on USCIS website:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=10409fed09eb9110VgnVCM1000004718190aRCRD

I would try to contact NVC and point them that your child should be protected under CSPA.

Thank you for your response.

We did call NVC numerous times and all they can say is contact inquiry@nvc with any concerns.

Hello!

I am a LPR and petitioned my son (I-130) in October 2010 when my son was 20. His petition was approved by USCIS in April 2011 (this time he was 21yo) and was forwarded to NVC. Initially, NVC had my son under F2A Category, which has a lesser wait time. As of November 2011, NVC moved him to F2B Category without even clearly notifying me (Petitioner) nor my son (Beneficiary).

Is this normal? Can NVC change your Visa Category? Now we are looking from a very promising 4 months of wait time to 11 years or more (F2B barely moving, one month advancement for every 2 months of Visa Bulletin)

What is the role of Child Status Protection Act in this situation? Looks like to me USCIS did apply CSPA by approving his petition after he turned 21 (he was 21 years and 21 days old), but not NVC???

Please help.