mtran1001

Thank you for your feedback, MIchael! I hope this is the case. I wish it was stated clearly somewhere without any confusion, that since the PD is current at the time of petition pending the child age is under 21. Are you sure about that? Everyone seems to believe and I was told that age only freezes at the time of filing for immigrant visa when the priority date is current. IS pending I130 alone with PD being current now enough to qualify under 21 with CSPA?

Best of luck to you guys! Hope we will all reunite with our loved ones soon

How is case going? Sorry for late response because I didn't want to say "I'm sure" when I was still not sure about myself. There're a lot of people here who just talked based on their researches so it won't be sure 100%. Sometimes they even gave you a wrong idea too. So, are those local attorneys and immigrant services that I asked. And unfortunately, for those who got their cases approved, they didn't bother to come back here to verify it for us. Anyway, now, I decided to do just that since I was in your shoes. I hope it would help many worry parents out there in the future too. For my case, NVC moved it from F2A to F2B and sent a letter saying the case is not processed anymore until the date is up. That would make sense since F2B is way longer than F2A. I called NVC and told them my case should be protected by CSPA. They asked me to write a letter to explain it and send it to them. I googled around for this kind of letter since somebody must have done it before. But believe it or not, I found nothing about NVC appeal letter for CSPA. So, I just wrote out all the CSPA rules and dates to prove that my case is under CSPA. After a few weeks, they said they're reviewing it, then said they forwarded it to the consulate office for further reviews. We couldn't believe it would take that long and involve in many steps like that. It's just a straight calculation that could be verified in a few minutes. However, in the meantime, the only thing we could do was to pray since we realized it was not as simple as we thought. Then, finally, after more than a month, NVC sent us a letter saying it was approved and we can start the affidavit of support now. What a relief! I hope you and other family would have this kind of joys like ours soon. Good luck!

Michael.

Yes, she was covered by CSPA and I've used a couple CSPA calculators from Google to verify that. Just wondering why it's not covered automatically by NVC and I have to write a letter to explain it. Please let me know if anyone had already done this and got their cases moved back to F2A. Thanks.

Hi,

Our case was approved 2 days after the child's 21 birthday. Fortunately, her PD is current that month too. Based on the CSPA rule, she should be still qualified for F2A. However, we called NVC and was told that she was moved to F2B. He said we need to write a letter to tell them why we believe she's protected under CSPA. I'm wondering if anyone has the same situation like us. Or does anyone know if this would apply to everyone and CSPA rule does not apply automatically? Also, please let me know what we need to write to NVC. I'd really appreciate your help.

Thanks,

Michael.

Hi there, we have similar situation. Minor child in F2A category, turning 21 in June. I130 still pending. Hypnos, as per your "Provided she "seeks to acquire" LPR status (either through an immigrant visa or AoS) within one calendar year of her priority date becoming current then she will remain classified as a child under CSPA automatically." Does the child still qualify after turning 21 and given the fact that priority date might not be current within the next couple of months? When does that one year calculation start? F2A is current now, if its not current in 3months, would that rule still apply while filing for immigrant visa? Thank you

Congratulations on your approval!!)Its amazing how fast they approved it? Did you guys expedite it? Whats your crevice center?

I think your case should be covered. There're a lot confusing blogs out there when they said the child will be not covered unless the PD is current again after the USCIS approval. That means the child PD being current now doesn't mean anything since USCIS is not approved yet. However, this is not correct. If you read the CSPA rule carefully, you'll see that the visa availability date is either the PD current date or the approval date, whichever later. So, in your case and my case, the child PD is already current, the approval date will be used for the visa availability date. As a result, the CSPA age is exactly the age when the child was at the child PD date. Usually, this rarely was a case since the PD current date always after the approval date for months. That's why the August/Sept current is once in a life time change for someone like us. In our case, we started the application at the end of August and got the PD date only 10 days before the child 21st bd. I know we're covered no matter how long the approval takes, usually a year and couple months. However, the whole family were so shocked and disbelieved when we received the approval few days ago. We use the California center which lists the last approval date is Nov 15, 2011. It's really unbelievable. I guess it's because of this special rare August current which usually only helps the applicants who are currently in the US so they can file the adjust status at the same time. Or maybe it's because the child is also petitioned with her bro who is under 10yrs old. I used to hear the rumor that small children are usually taken care much faster but there's no rule about it. Either case, we're just so happy. Now, the NVC part is a tricky part where most of the status could be changed from f2a to f2b if the child is over 21 by that time. Hopefully, they apply the CSPA rule automatically so I don't have to appeal it by written or so.

Good luck!

Michael.

All,

We're so happy that our I-130 application has been approved within 3 weeks. However, we're still a little worry if the CSPA rule will be applied automatically when we'll get the NVC notice later. The child was just turned 21 last week, a few days before her I-130 was approved. Based on our knowledge about CSPA rule, she would be still covered since her PD is current now. We used some of the CSPA calculators out there and it's good too. I'm wondering if NVC would apply this rule automatically or I have to submit a letter later to explain it. There're also some forums saying that unless D230 is applied, her age will not be covered then. However, as I know, we can't submit D230 until receiving notices from NVC and paying all the fees. Would her age be frozen now under 21 and be good if I filed D230 within a year of her approval?

Thanks.

Michael.

Hi Aaron,

Thanks a lot for your input. I'm still confused about what you said, "Her age will not freeze when the I-130 is filed" and "Only the time that it takes USCIS to approve the I-130 is not counted against the beneficiary" since they are conflicting. I think her age will freeze when her PD is set. So, she would lose a few days from the mailing to when USCIS set her PD. Then, CSPA will protect her until I-130 is approved. At this time, if her PD is not current in 20 days, for instance, she would age out. However, since the special circumstance for Aug/Sept, her PD would be current and her visa would be available at that time, she would not age out and her age would freeze no matter how long NVC take to interview her. Am I right?

Thanks again,

Michael.

Hi Shabbera,

Thank you very much for your comments. I don't know if you know about the VB this month because it's for the first time all the PD is CURRENT now. So, as a result, any case which is submitted this month will be CURRENT right away if their PD is still in August. In fact, the new VB for next month is still applied. And with CSPA rule, in theory, any aging out children who is applying now and can get their PD within August or Sept and still under 21, would be still qualified no matter how long their case is approved. This is really a very good news for them and this is a rare chance in decades that ALL cases in F2A are CURRENT in this month and next month. I hope I'm correct. I've tried to ask the local lawyers about this but none of them could verify this since it's kind of special situation that never happened before. Usually, the PD will be CURRENT after the case is approved. Then, we can add the differences to the child age at the PD to find out the CSPA age. With the PD is Current immediately, I'm not sure how it is calculated. I've also tried to use many CSPA calculation websites out there and they all use the approval date for visa availability and so our case is qualified. I hope they're correct. Anyway, if you know any lawyers, please ask them about this and let me know.

Thanks,

Michael.

Hi All,

My mother in law just got her green card. She wonders if she could take advantage of the August "Current" chance to apply I-131 for her aging out daughter (BD: 9/10/1992). Per my understanding, I would say it's possible for her to get her priority date before she turns 21 in a month on 9/10/2013. Then, her PD would be current right away. So, if her case is approved in 6 months, her visa will be available right on her approval date. With CSPA rule, her age is still under 21. Am I correct? Do I have to include the NVC times too?

Hope to hear your answer soon. I'd really appreciate it.

Thanks,

Michael.