I am writing this as new information I learned with NVC and CPSA based upon my recent CEAC electronic submission of IV Fees, Application, Affidavit of Support and related civil and financial documents.
By research told me the NVC would only consider calculating and applying the CSPA age (for a unmarried child under 21 years visa) after the beneficiary's priority date became current and a visa was thus available. The big problem was that NVC was automatically looking at the "over 21 years" current visa class availability (which is many years longer) if the principal applicant's real age was over 21 years. And if the CSPA age was "under 21 years", I read how petitioners needed to learn to petition the NVC to get NVC to do their job and calculate the CSPA age when the "under 21 years" visa class availability was current. Several petitioners commented on getting their congressmen involved with NVC. It appeared that the NVC would only do the CSPA age calculation when the "under 21 years" visa class availability became current, not before.
So my recent CEAC electronic submission story with new information about NVC and CPSA follows:
1) The USCIS approved petition was for a F2A (or F22 - unmarried child under 21 years)
2) NVC CEAC created the case with a F22 visa classification shown on the status page.
3) Paid the fees and submitted all the forms. Right after electronic submission of the IV Application that contained the principal applicant's birth date, I noticed that the NVC CEAC status page had changed the visa classification from F22 to F24 (unmarried son/daughter over 21 years) because indeed the principal applicant is over 21 years old.
4) Even after finishing the electronic submittal of documents, I was able to add two documents that explained that the CSPA age of the principal applicant is 8 months before 21 years at that moment in time ... and that there is an extremely high probability the principal applicant's priority date will become current before 8 months from that moment in time. I asked for CSPA protection for the principal applicant and for the NVC CEAC visa class to be changed from F24 (over 21 years) to F22 (under 21 years). I also wrote an email with the same requests via the askNVC webpage.
5) About 5 days later, I got an email back from the askNVC staff saying that my email was being sent to the correct department for further consideration.
6) About 4 days later without receiving any notification, I checked the the NVC CEAC status page and the visa class was put back to F22 (under 21 years) and all the electronically submitted documents were marked off as "Accepted". This included the documents that asked for CSPA protection for the principal applicant. These CSPA related documents were made part of the case documents and "Accepted"
The really big improvement here compared to what my research was saying about NVC and CPSA protection is that the NVC has now officially given CPSA protection to my principal applicant BEFORE the priority date has become current. Now, we have the NVC correctly watching the F22 class visa availability (as they should be) as our principal applicant's priority date becomes current for the F22 class in a short amount of time from now. The day the principal applicant's priority date becomes current and the principal applicant's CSPA age is under 21 years, then the principal applicant's CSPA age becomes frozen for a year as the immigration visa process continues.
So if you have a CSPA situation, it appears that NVC electronic system will work for us now when asking for CPSA protection before the priority date becomes current for the "under 21 years" visa classes.
Don't beat yourself up. Nobody could have known at the time how the things will turn out and there's no point in looking back. Just try to go on with your life, you'll get here eventually.
Please notice this message near the beginning of this thread. I-130 petition approval was 7 months for this person with DOB Oct 4 1996. This person "aged-out" and that is what this thread was first talking about.
My son's DOB is Oct 31 1996 and he is getting his F2A visa at this very moment. I still say thank you to USCIS nonetheless.
Hi, I want to thank all who replied to my post, thanks God we have received all our immigrant visas
Our interview was just fabulous, they treated us just the way any human been deserve.
Again thanks all and do not loose your hope, there's always hope, even in my case that an attorney told me that my
Oldest son does not qualified for CSPA purposes, he finally with the grace of God has his Visa granted.
I hope All the best for all of you guys hopping that you can get your dreams come true .
You are not ineligible, you just aged out despite the cspa protection. Go to the interview, see what they'll say. You will be probably moved to f2b, not denied.
