Meeks24

@koolwinder

On 8/16/2017 at 8:53 PM, kulwinder singh said:

What is your source for F2b processing information for May 2015. I applied for my daughter in OCT 2015 for F2B and her I-130 got processed by USCIS in Apr 2016 and alloted Visa Number that too after submitting a RFE

I-130 Processing times for CSC

23 minutes ago, chuonglinh said:

also agree with @jan22 and @aleful ... @Meeks24 you have to do more research about it. But I'm pretty sure that CSPA won't apply until your PD is current (which is not, Visa available for PD before 22Sep15). I think you need to focus on F2B Visa Bulletin now (wait for 10 years). Wish you best of luck.

thanks! will do

3 minutes ago, jan22 said:

You've gotten clear answers...you just don't like or agree with them. 

I do, it's just that nothing can be sure at this time. 

14 hours ago, jan22 said:

As others have said, qualification for CSPA relief can only be determined when your PD  is current.  There is no way USCIS can determine that you would benefit by CSPA, since there isn't a petition approval date and your PD is not current so they don't have the necessary data.  

 

As you are 21, there is no way they can approve a category you do not qualify for at the time of approval..  Your mother petitioned for her relative --- you --- with what she thought was an apprpopriate visa category listed.   However, USCIS actually assigns the appropriate visa category at the time of approval.  A similar situation is applying for an IR-1 that is changed to an CR-1 if the couple has been married less than two years.

I'll just wait for my PD...Thanks. I'm in a "wait and see" situation, that's why I can't get any clear answers from anyone.  

48 minutes ago, ConOfficer said:

I think you're going to age out of the F2A category and fall into F2B as the adult child of an LPR. You still have to wait for your priority date to become current and by that time you will be 24 or 25. 

 

CSPA doesn't provide the same kind of protection for the children of LPRs as it does for the children of AmCits. 

I'm actually curious on why you said I'll be 24 or 25 when my PD becomes current. lol

@geowrian Okay! thank you for helping me get this clarified! I will update once something happens.

@geowrian I've been reading that USCIS doesn't apply CSPA while processing my petition, instead they look at the child's current age, and USCIS does not notify you when they bump you down a category. In this case I do have to notify NVC to prove that CSPA applies in my case?

@geowrian Actually, the secretary of a US Senator in KS, which is our friend, called USCIS for us 2 days ago and USCIS told her that since I am now 21 and over, they will process my petition base on my age at the moment, which puts me in F2B processing times for I-130. My mom panicked and cried a lot, but I told her that I think this is a good thing, since the longer I have to wait for my NOA2 the better, Right?

@geowrian Okay, thank you! I still do have to wait for my PD to be current for an interview right?

@geowrian So that only gives me 7 months to complete the whole process, I see.. This is really cutting it close, and I'm hoping I make it through..

@geowrian thank you for your response. May I ask why I have 7 months after my I-130 gets approved?

my mother filed her petition for me as an unmarried child under 21, F2A. I'm wondering if there is someone who can clarify CSPA for me in this case. I am still waiting for my I-130 to be approved. My mom filed her petition when I was 20 years old and 5 months. I am now 21 years old and a month old but still waiting for my NOA2. Is there any chance CSPA can protect me? please shed some light for me.

13 hours ago, jamaicankim said:

@aleful is correct. i was looking at you pd and not your birth date. that kind of cspa when your age freezes at pd is when your parent is a citizen not permanent resident.

Then why did USCIS included CSPA relief for family preference class for permanent resident filing for a minor beneficiary? 

@Krdm My mom is. She filed a petition (I-130) for me in November 2016(PD) when was 20 years old. How about you?

On 8/3/2017 at 2:19 PM, Adarsha Shresthaa said:

@Meeks24  Your age is still 20 given the petition filed at USCIS is still pending. As soon as the case gets approved it will no longer freeze. You have already crossed 5 months of your age i.e. 20 year which means you have remaining 7 months. So, I'd say you still have some chances. You might just be able to make it through.

 

Best of luck! 

My mom called USCIS and they said since I am 21 years old now, my petition is getting processed in F2B category, which means longer waiting period til my NOA2. Once it's approved, lets say around summer next year, and once it is sent to NVC, do you think I can call NVC and explain my situation and how CSPA applies in my case so they can still process my papers as an F2A category? 

11 minutes ago, aleful said:

hi

 

nope, cspa doen't apply on F2A unless it was an approved case and you were close to having your interview when you aged out

 

your i130 hasn't been approved yet, the noa2 is the approval of the i130. if you were considered under the cspa, they wouldn't have changed your category

 

you are now F2B,  when noa 2 arrives it will state your category as F2B. your mom filed too close to turning 21,

 

if your mom would have filed when you turned 19, and you already had filed all the documents and paperwork as an F2A, and only awaiting interview, then you would still be considered F2A, because your interview would be only a few months after you turned 21

 

this in not one of those categories where you can subtract years, since the process takes only a year and a half to 2 years to complete as a minor

 

but I wish you the best and that your petition goes quickly

 

 

I'm sorry but you probably havent read similar cases. People were filed months before they turned 21 and once they were given NOA2, they call NVC and prove that CSPA applies to them, and of course we still have to wait for PD to determine my CSPA age. This is the category where i can subtract my age since a permanent resident filed for my petition in preference class F2A which is written on my NOA1 and as per uscis.gov I am not penalized for the time they did not adjudicate the petition. therefore, there is hope in my case. Sorry to bother you, A little bit more reading would help you understand my case. 

2 hours ago, aleful said:

your getting confused

 

cspa doesn't apply to you, if so, they would have left you in the same category

 

once they changed you to f2b, they won't go back. you can say all that you want, but at the end of the day, expect to wait a long time

 

you never were F2A, you were never approved under that category, you will be approved for the F2B category

 

your mom if it was possible, should have filed earlier

 

I wish I was wrong, but now you must check the dates for F2B filing

 

 

I think you're misinterpreting my case. What i mean by not approved yet is my NOA2. But anyways, I wish myself luck.

This is my hope, because I was filed when I was 20 years old and 5 months. 

30 minutes ago, jamaicankim said:

They are now processing august 2016 and your november 2016. So maybe you'll just get a year off your age when your pd becomes current. Don't know if that's enough for you and hope you don't get push in fb2.

My mom called USCIS just now and an officer told her that since im over 21 my case got switched to F2B. USCIS does not notify people when they age out, instead they follow the age on the petition. This is a good thing for me since on F2B, they are processing may 2015 only. This will give me more time to subtract the petition was pending from my biological age when my PD on F2A becomes current. One thing I have to do is be proactive in calling NVC once my petition has been approved and sent to them to prove that CSPA applies to me. 

1 minute ago, chuonglinh said:

Again, I think you can only apply for CSPA when your PD Nov 21,2016 become current. If anyone has a different answer , please help.

CSPA is not something you apply for. It is only to protect me from acquiring my Immigrant Visa in the future. And I'm hoping it does protect me, and hoping Visa Bulletin will move quickly in the new fiscal year.

1 minute ago, chuonglinh said:

Hi, I think CSPA only works when your visa is available. Your PD is Nov 21, 2016 so i think they will move you to F2B category.

My mother petitioned me when I was 20 so yes CSPA applies to me even if I'm already 21 now since I'm still waiting for my NOA2 and PD (:

4 minutes ago, Adarsha Shresthaa said:

@Meeks24  Your age is still 20 given the petition filed at USCIS is still pending. As soon as the case gets approved it will no longer freeze. You have already crossed 5 months of your age i.e. 20 year which means you have remaining 7 months. So, I'd say you still have some chances. You might just be able to make it through.

 

Best of luck! 

Yeah, really hoping I do make it through. Priority dates needs to have a miracle. But thank you, best of luck for you too!

I have aged out of 21, but hoping CSPA protects me. The best situation for me is I need my I-130 petition to be pending longer so it can be closer to my priority date being current for CSPA to protect me. 

DOB: 06/24/1996

PD: Nov 21, 2016

Hoping everything goes my way. This may seem backwards to all of you guys that can't wait for your NOA2, but for me waiting longer is better in my case, I'm sorry 

I have aged out of 21, but hoping CSPA protects me. The best situation for me is I need my I-130 petition to be pending longer so it can be closer to my priority date being current for CSPA to protect me. 

DOB: 06/24/1996

PD: Nov 21, 2016

Hoping everything goes my way. This may seem backwards to all of you guys that can't wait for your NOA2, but for me waiting longer is better in my case, I'm sorry 

I have aged out of 21, but hoping CSPA protects me. The best situation for me is I need my I-130 petition to be pending longer so it can be closer to my priority date being current for CSPA to protect me. 

DOB: 06/24/1996

PD: Nov 21, 2016

Hoping everything goes my way. This may seem backwards to all of you guys that can't wait for your NOA2, but for me waiting longer is better in my case, I'm sorry