Almondmilk

Kinda just wanted to provide an update incase this comes up through a search!

The visas for my uncle's family were approved!  Even for my cousin who aged out of CSPA on May 12th.  So it does seem that your CSPA age freezes once your PD is current and as long as you file the DS-260 within a year.  

The consulate didn't ask us for any other documents; besides sending in the passports once the visas were ready. I have to say this administrative processing at the end of the immigration process was annoying since there was literally nothing for me to follow up on!  Fingers crossed this the end of me having to deal with immigration matters!

46 minutes ago, SusieQQQ said:

The date of visa availability is the month the priority date became current. The link you posted says that too, in slightly different wording.

It seems your interpretation of CSPA being freezed once visa becomes available / PD is current is correct!  Provided you sought to acquire visa within a year.

I reached out to another lawyer in Cali who had the same CSPA wording up on their site and has dealt with CSPA multiple times.  He says CSPA age does freeze once visa is available and as long as the administration processing goes through there's no May deadline for her to enter the US!  Just need to hope there's no retrogression in our F4 category and it's approved before their medical interview expires. 

Not sure where my lawyer got his info but hopefully him reaching out to the senator's office will speed things along. 

6 minutes ago, SusieQQQ said:

Tbh if your lawyer knows what he's doing he shouldn't have to be looking at links? He should just...know.

Yes he has told me that she likely needs to be in the US before she ages out of cspa.  Which would be May 12th if I have my cspa calculations right.

I'm hoping that isn't true since there's no way the visas' are approved, passports asked to be sent back and ready to pick up within 4-5 days.  The US Embassy in India also mentioned that since she's attended the interview, my cousin should be ok and included in the visa.  Any further questions I asked and they told me they can't answer sensitive info and to send an email.  USCIS just told me the lock in age at interview is up to the discretion of the state, whatever that means

Also any thoughts on this section?

https://millermayer.com/2017/freeze-childs-age-cspa/

When is a child’s age frozen or locked in?

A child’s CSPA-adjusted age is only frozen or locked in on the date of visa availability.

4 minutes ago, SusieQQQ said:

To elucidate, if it's locked I think that happens once the "sought to acquire" requirement is fulfilled. Again, I am not sure of my interpretation though.

My brain is shot and I can't comprehend if they're saying the cspa is locked once a visa is available, sought to acquire or at time of interview.  Even though the PD was current on 01/01/18, their names weren't added to the petition for months.

Thank you for looking into this, you have no idea how much I appreciate this!  I'm forwarding all the links to my lawyer and asking him to further look into it also.

1 minute ago, SusieQQQ said:

There have been a number of instances of cases being reopened after a seemingly successful interview, even when told successful. More checks are done afterwards and sometimes something comes up.

 

For CSPA - I stand corrected but I believe he will have up to a year from the date priority date is current as long as he has "sought a visa", which he has.

See from this, under the family based section:  https://www.uscis.gov/greencard/child-status-protection-act

Sought to Acquire Requirement

In order to benefit from CSPA as a family preference (including VAWA), employment-based preference, or DV applicant, you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you. This is referred to as the “sought to acquire” requirement.

You may satisfy this requirement by:

• Properly filing a Form I-485, Application to Register Permanent Residence or Adjust Status; or
• Submitting a completed Part 1 of Form DS-260, Immigrant Visa Electronic Application; or
• Having a Form I-824, Application for Action on an Approved Application or Petition properly filed on your behalf.

Yes we finally got both my cousins added into the petition under CSPS around November and submitted their DS-260 in December.  Which was within a year of their priority date being current / visa available.  Hopefully, that fulfils that obligation!  Thank you for the link, I've been reading that paragraph but my mind can't comprehend anything since last night!

Another post mentioned the CSPA age gets locked in at interview, I wonder if that's true? Thank you SusieQQQ, I've been reading your posts on similar threads and it's a bit reassuring!

8 minutes ago, VNN said:

Regarding the A#, my wife got A# on her NOA2 and her interview letter. I do not think USCIS green card processing system is good one as I altered a few numbers and it still allowed us to enter the payment info. I would expect it just takes the money  as long as the numbers in the correct format.

 

CSPA is a simple calculation (enforcement may be another story) if you can post the details (priority date, when visa became current, when DS-260 was filed), VJ members should be able to give you some insights.

Really, that's such a bummer!  I thought I was getting ahead of the system and being able to pay fees meant some the visas' had been sort of approved!

CSPA Calc for Niece:

Born: November 27, 1991

Priority Date: December 11, 2003 

Petition Approved: May 26, 2010

Priority Date Current: 01/01/2018

DS-260 Submitted: 12/03/2018

File Pending Duration: 6 years, 5 months and 15 days

Child’s Age at April 25th Interview: 27 years, 4 months and 29 days

Child's CSPA Age at April 25th Interview: 20 years, 11 months and 14 days old

On 2/2/2019 at 5:19 PM, Mutahir said:

Assuming that your niece was interviewed along with your sister, there is no need to worry about it.  Her age is locked when the your sister's case became current/interviewed.

 

CSPA is automatically calculated first by NVC and then by the Embassy.  Final judgement is made by CO though.  Only my sister received interview letter from the Islamabad Embassy but we advised her to take all her kids (over 21 years of age) and get the CSPA calculations done at the Embassy.  3 of her kids were able to get visa while the oldest didn't get it as she didn't qualify for CSPA. 

 

Good Luck!

 

My younger sister is under CSPA since April 4th 2017.

 

OMG so your CSPA age gets locked at the time of interview???  Please does anyone have a supporting article or document where I can look furter into this matter or send to my lawyer?  

Just when I thought I was done with handling my uncle's visa petition and it was smooth sailing, we're hit with a major roadblock.  My mother filed an F4 visa petition for her brother and his family; whose visa interview was on April 25th at the Mumbai embassy.  At the end of the interview, they were told congratulations your visa have been approved, passports were taken for final visa processing and they were given a sheet stating to pay their $220 green card fees.

As I was tracking their passports on ustraveldocs and ceac, their case turned to administration processing and my uncle's and aunt's DS-260 forms were reopened.  I've never heard of this and nor could find any info on DS-260 being reopened after a successful interview.  They were notified to pick up their passports today and were back their passports today without their visas stamped and a letter stating they their file incomplete and placed under 221(g) with further administration processing.  We would be contacted once administration processing is complete.  This letter also included their Alien / a-number for my aunt and 2 cousins.  Using those A-numbers and our case number, I'm able to pay their $220 green card fees!!!  How is that possible???

This is would not be as big of a worry if my cousin, a direct beneficiary, who was included in the petition under CSPA and who ages out of CSPA on May 12th.  Now I'm freaking out!  My lawyer drafting an email to send to the consulate and senator's office.  He is also thinking CSPA is calculated at the time of US border entry.  Is this true?  Does my cousin need to be inside US customs before she ages out of CSPA?  Even though she already attended the interview before she aged out?

Also, has anyone heard of the DS-260 being reopened after a successful interview?  Or additional administration processing for an F4 petition after an approved / successful interview?  I'm scared to death right now, so any info would be greatly appreciated.  If anyone knows a CSPA expert or organization, I'd love to pay a consult fee and verify my cousin's eligibility.

1 hour ago, Hamza113233 said:

Hey thanks for your response, but i think you didnt get exactly what i was trying to say..we have not submitted our ds 260 as of yet...i was asking about the time limit for the members who select join later option, what is the maximum time limit for them to submit their ds 260 form and apply for visa

Are you asking how long your DS-260 will be valid?  If your DS-260 will expire?

5 hours ago, alytan said:

He was born before the PD and AP. It was current last Nov 2018. Im not sure if the approval date is correct where can I check it online?

If you know your USCIS Receipt Number, you can find your approval date here:

https://egov.uscis.gov/casestatus/

Or call the NVC and ask them for your approval date.  For verification purposes, the NVC rep will need your nvc case number, applicant's name and birthday.  Sometimes they will also ask to verify the petitioner's name and birthday.

5 hours ago, alytan said:

PD: June 15, 1995

Birthday: June 4, 1998

Approval date: September 11, 1995

 

Lucky for them. I’m 27 yrs old, but the consul said i aged out.

 

thank you for you response! Still confused with the CSPA so I dont know if he will be included or not.

Oh I'm sorry if he was born after the Priority and Approval date, I'm not sure if CSPA will apply to him

Can you recheck these dates?

Priority Date:

Approval Date:

Brother's Birthday:

Your Birthday:

I would honestly get a lawyer involved since he's so close to the deadline!  You can send an email to NVCExpedite@state.gov to expedite the interview scheduling.  Explain how your brother will age out of the petition on June 4th and if they could schedule an interview in May? 

Yes my cousins were very lucky since we had such a long approval time, almost 6.5 years!

Your visa will only be valid 6 months once issued.  FYI, your medical report will also only be valid for 6 months.  So you'll actually want to enter the US within 6 months of your medical interview.  

My cousin has the same issue and with his upcoming exams, he is planning on visiting the US for a week before going back to India.  His parents will take his greencard to him and he'll come back to the US permanently once he takes his final CA exam.

2 hours ago, thechosen said:

Thank you for the detailed answer. Appreciate your help!!

My mom does have a passport.

Three questions:

1. Did you need to get a clearance certificate from the Indian Passport office?

2. For PCC, is there any standard format to follow? Or will the police have their own format?

3. In your mom's case, did you need tax transcript because she was in US? In my mom's case, since she will be in India, do I still need to get her US transcripts?

Sorry I should have been more clear but it's my mother who is sponsoring her brother.  My mom is the US citizen and petitioner.  My uncle and his family are Indian citizens and are the applicants.  I am just the one who gathered and mailed the documents...

1. Only my uncle and his family needed to get the PCC from the Indian Passport Office.  In your case, only your mom will need the PCC.

2. You can actually register and fill out the PCC application online for her!  along with paying the fees and scheduling the Appt.

Link:

https://portal2.passportindia.gov.in/AppOnlineProject/online/pccOnlineApp

I had my uncle and family take these docs to their PCC appt:

- Passport + Copies

- ID (PAN card, Aadar card, etc) 

- Proof of Address (Bank Pass book)

- PCC Application Receipt 

- PCC Appt Confirm 

- Welcome to NVC Letter 

- AoS + IV Fee Payment Confirms

- DS-260 Application + Confirm 

- Extra Passport Size Photos

3.  Since my mom was the petitioner of this case, I submitted her US tax transcripts to NVC.  In your case, since you are the petitioner, your US tax transcripts should be submitted to NVC.  If you have a co-sponsor, you'll need their US tax transcripts.  You do not need your mother's tax transcripts.

Here's the list of documents I mailed to the NVC and had my uncle's case document approved within 2-3 weeks.

Petitioner's Civil Doc:

- Document Cover Sheet (From Welcome to NVC Letter)

- Form I-864 AoS (Signed and dated)

- AoS Payment Confirm 

- Current USA Passport 

- US Citizenship Cert

- Affidavit of Birth

- Past 12 Months Pay Stubs

- Past 12 Months Saving + Checking Bank Statements

- Past 3 Years W-2 + Federal Return + Tax Transcript

Principal Applicant's Civil Doc:

- Document Cover Sheets (Printed from CEAC site)

- DS-260 Confirm

- IV Payment Confirm 

- Current Indian Passport 

- Current PCC

- Marriage Certificate 

- Birth Certificate + Translation

The PCC from the state that's she's living in should be more than adequate.  If she's ever been out of the country, it might take longer for her PCC to be issued.  

Also PCC is only valid for 1 year.  My uncle and his family had to have their PCC reissued 3 times because it took years for my uncle's PD to become current even after their welcome to nvc letter.

You mom should apply for a passport if she doesn't already have one.  If you'll applying for your dad, you'll need their marriage certificate.  

All other documents will be printed / scanned by you.  The only document that took me a while to obtain was my mom's tax transcripts.  I had to wait for a unique code to be mailed before I could create her irs profile.

10 hours ago, alytan said:

Hi! I have similar situation. We got interviewed last March 25, and then we got 221g for additional support papers. We submitted the required documents on April 1. Then they US Embassy sent back our passport with 221g form stating to repeat medical exam because it will expire on may 6. Unfortunately my mom needs to do a sputum test again so we need 2 months for the result. Sadly, my brother will turn 21 on June 4. We are worried he cannot come with my parents once they received the visa. 🙁

 

Any insights if he could still be eligible? Thank you in advance for your inputs.

Your brother will likely still be included in the petition under CSPA.  As long as your brother's CSPA age is under 21, he should be good!

To calculate his CSPA age, subtract the time it took USCIS to approve the case from his actual age.  Or reply back with your PD date, approval date and brother's birthday.

My cousins who are 27 years and 26 years old both were included in my uncle's interview last week and everyone had their visas approved.  Just waiting now for their passports to be stamped and mailed!

My uncle and his family had their F4 visa interview at the Mumbai Consulate on April 25th and thankfully everything went well without any issues!  Both his children who were included in the visa petition under CSPA had no problem, even though the older one was set to age out of CSPA on May 12th.  

Only thing left is for the visas to be issued and stamped.  CEAC is showing their case under Administrative Processing since yesterday.  Though I don't understand why since the consulate officer didn't ask for any additional documents.  

Can anyone who had an interview at the Mumbai Consulate recently share their timeline for the visa to be stamped on their passports?  Thank you!

Did you turn 21 on 04/04/2018 or did you age out of cspa on that day? 

9 hours ago, AftM89 said:

When was it scheduled???today?

I actually called NVC today and the rep checked for me.  She mentioned that they'll send the interview email tomorrow with all the details!

An NVC rep just let me know the Mumbai Consulate finally scheduled my uncle's interview!  The best part is the interview is set before my cousin ages out of the file!!

I did send in an request to expedite the scheduling due my cousin's cspa timeline and my upcoming wedding, so not sure if that helped or not but so freaking happy!

Details:

F4

PD: 12/11/2003

CC: 12/27/2018

Interview: 04/25/2019

2 hours ago, Gamboli said:

You need to keep calling the second you hear the message until the line opens up. I usually call 10-18 times in a row until I can get through. 

1 hour ago, KJ2 said:

@Almondmilk call around 2 pm EST. I always get through at that time within 45 or under minutes.

1 hour ago, nastra30 said:

Once you get through be willing to wait for 30+ minutes.

Yay calling them constantly worked!  Found my uncle's interview is finally scheduled and it's before my cousin ages out of the file!  Thank you!!

I'm not able to contact NVC no matter what time I call.  I keep getting the automatic message of "all agents are busy, please call later."  Has anyone else been able to NVC in the past 2 weeks?  

Anyone with a cc from December 2018 been scheduled an interview from the Mumbai embassy yet?

My cousin is included in our F4 visa petition but will age out of cspa by mid May and I'm getting really worried now!  Our priority date (Dec 2003)has been current since Jan 2018.  It took a long time to get my cousins' added under CSPA and now it seems it was all from nothing.  I've emailed nvc to request a way to expedite our interview but no response yet.  Anything anyone else can think of to get an interview scheduled before May?  TIA!