Child Aging Out? CSPA may help

[Eddymvp 11]

I made a post with all the details, bottom line visa was approved

[asdfgh2009 0]

My son is scheduled for interview at US embassy in Manila on may. 11, 2012; have paid all fees and undergone medical exam; I am still worried if he will get a visa denial as he is now 23 years old. Date of Birth: nov 07, 1988; Priority Date: November 4, 2009; Approval Date is September 15, 2010. I believed that his case is supposed to be current last Sept, 2010 but due to retrogression, we just had his interview schedule just now. I am having sleepless night, worrying if the consulate will grant his visa or not. Please help.... is my child still qualify for cspa?

[JimVaPhuong 4,863]

My son is scheduled for interview at US embassy in Manila on may. 11, 2012; have paid all fees and undergone medical exam; I am still worried if he will get a visa denial as he is now 23 years old. Date of Birth: nov 07, 1988; Priority Date: November 4, 2009; Approval Date is September 15, 2010. I believed that his case is supposed to be current last Sept, 2010 but due to retrogression, we just had his interview schedule just now. I am having sleepless night, worrying if the consulate will grant his visa or not. Please help.... is my child still qualify for cspa?

Did you submit any documents back in 2010 when his priority date was still current?

[qoo 0]

Did you submit any documents back in 2010 when his priority date was still current?

Hi Jim,

I also have similar worry.

I filed I-130 for my son on Dec2010 so his Priority date is dec10. He will be 21 year old next month (Jun2012) and the current visa available for Nov2009. Do I need for send in any forms to protect Child aging out? Right now, we are working on filling out DS-230 and gathering civil documents.

Thank you so much!

qoo

[asdfgh2009 0]

Did you submit any documents back in 2010 when his priority date was still current?

i submitted all the required documents on 2010.. i have read some articles that states that 'must submit sought to acquire 1 yr after the pd is current,so if 1 year after the pd is current, it is sept 2011 because sept 2010 is the current.. i submitted all before 2011.. is my son qualify for cspa? his appointment letter for interview was noted still for f2a category.. is the consul will be the one who will change it to f2b if my son did not qualify for cspa?

[JimVaPhuong 4,863]

Hi Jim,

I also have similar worry.

I filed I-130 for my son on Dec2010 so his Priority date is dec10. He will be 21 year old next month (Jun2012) and the current visa available for Nov2009. Do I need for send in any forms to protect Child aging out? Right now, we are working on filling out DS-230 and gathering civil documents.

Thank you so much!

qoo

There's not enough information here to make an informed guess. First, you need to know precisely how long between the priority date and the date the petition was approved. That's how much time can be deducted from his age. However, that calculation won't be made until his priority date is current, and it looks like you've got about another year before that happens.

i submitted all the required documents on 2010.. i have read some articles that states that 'must submit sought to acquire 1 yr after the pd is current,so if 1 year after the pd is current, it is sept 2011 because sept 2010 is the current.. i submitted all before 2011.. is my son qualify for cspa? his appointment letter for interview was noted still for f2a category.. is the consul will be the one who will change it to f2b if my son did not qualify for cspa?

If his age was locked when the priority date first became current then his CSPA age would be 20 years, 11 months, 14 days. He'd just barely make it.

The age is only locked if he "seeks to acquire" permanent resident status within one year of the priority date becoming current, but that one year window of opportunity can be cut short of the cutoff date retrogresses. The Foreign Affairs Manual is somewhat vague about this point. 9 FAM 42.42 N12.7:

In order to seek to acquire lawful permanent residence an alien beneficiary must actually have one full year of visa availability. If a visa availability date retrogresses (e.g., employment-based third preference numbers are unavailable) or the preference category changes (e.g., F1 converts to F3) within one year of visa availability and the visa applicant has not yet sought to acquire LPR status, then once a visa number becomes available again the one year period starts over.

So, the first sentence seems to indicate that it's virtually impossible to have met the "sought to acquire" requirement if the visa wasn't available for one full year (i.e., the cutoff date was current for one full year). This would appear to nuke any chance of locking the age down if the cutoff data retrogresses in less than a year. However, the very next sentence says that the one year period starts over IF the cutoff data retrogresses in less than a year AND if the alien hasn't yet "sought to acquire LPR status". This seems to directly contradict the first sentence - how could the alien have "sought to acquire LPR status" if there wasn't a full year of visa availability? Furthermore, what if the alien submits a DS-230 immediately after their priority date becomes current, they go to the interview and get a visa, and THEN the cutoff date retrogresses before a full year has passed since their priority date originally became current? Does this mean they didn't REALLY seek to acquire LPR status? Do they revoke the visa? What if they've already entered the US and obtained a green card?

My interpretation is that this particular paragraph in the FAM is needlessly confusing, and that what it's really saying is that the alien normally has one full year to seek to acquire LPR status after their priority date becomes current in order to lock their age down for CSPA purposes, but that the year is cut short if the cutoff date retrogresses before they get their DS-230 submitted.

[asdfgh2009 0]

There's not enough information here to make an informed guess. First, you need to know precisely how long between the priority date and the date the petition was approved. That's how much time can be deducted from his age. However, that calculation won't be made until his priority date is current, and it looks like you've got about another year before that happens.

If his age was locked when the priority date first became current then his CSPA age would be 20 years, 11 months, 14 days. He'd just barely make it.

The age is only locked if he "seeks to acquire" permanent resident status within one year of the priority date becoming current, but that one year window of opportunity can be cut short of the cutoff date retrogresses. The Foreign Affairs Manual is somewhat vague about this point. 9 FAM 42.42 N12.7:

In order to seek to acquire lawful permanent residence an alien beneficiary must actually have one full year of visa availability. If a visa availability date retrogresses (e.g., employment-based third preference numbers are unavailable) or the preference category changes (e.g., F1 converts to F3) within one year of visa availability and the visa applicant has not yet sought to acquire LPR status, then once a visa number becomes available again the one year period starts over.

So, the first sentence seems to indicate that it's virtually impossible to have met the "sought to acquire" requirement if the visa wasn't available for one full year (i.e., the cutoff date was current for one full year). This would appear to nuke any chance of locking the age down if the cutoff data retrogresses in less than a year. However, the very next sentence says that the one year period starts over IF the cutoff data retrogresses in less than a year AND if the alien hasn't yet "sought to acquire LPR status". This seems to directly contradict the first sentence - how could the alien have "sought to acquire LPR status" if there wasn't a full year of visa availability? Furthermore, what if the alien submits a DS-230 immediately after their priority date becomes current, they go to the interview and get a visa, and THEN the cutoff date retrogresses before a full year has passed since their priority date originally became current? Does this mean they didn't REALLY seek to acquire LPR status? Do they revoke the visa? What if they've already entered the US and obtained a green card?

My interpretation is that this particular paragraph in the FAM is needlessly confusing, and that what it's really saying is that the alien normally has one full year to seek to acquire LPR status after their priority date becomes current in order to lock their age down for CSPA purposes, but that the year is cut short if the cutoff date retrogresses before they get their DS-230 submitted.

so what do yu mean sir? did my son qualified for cspa? and another question, his visa interview appointment letter was still for category f2a, it did not changed to f2b, is there a chance to be changed to f2b or it will be on f2a because he had his visa interview already with the category of f2a

[JimVaPhuong 4,863]

so what do yu mean sir? did my son qualified for cspa? and another question, his visa interview appointment letter was still for category f2a, it did not changed to f2b, is there a chance to be changed to f2b or it will be on f2a because he had his visa interview already with the category of f2a

I'm saying I don't know for certain. Department of State's policies are ambiguous. My interpretation of those policies is that they should have locked his age down as of the date his priority date first became current, presuming you submitted the DS-230 before the cutoff date retrogressed. If that is the case then, according to the dates you've provided, his CSPA age should be about two weeks less than 21 years old, which would just barely qualify him for an F2A.

[Tracy834 0]

My son is scheduled for interview at US embassy in Manila on may. 11, 2012; have paid all fees and undergone medical exam; I am still worried if he will get a visa denial as he is now 23 years old. Date of Birth: nov 07, 1988; Priority Date: November 4, 2009; Approval Date is September 15, 2010. I believed that his case is supposed to be current last Sept, 2010 but due to retrogression, we just had his interview schedule just now. I am having sleepless night, worrying if the consulate will grant his visa or not. Please help.... is my child still qualify for cspa?

Hi Ms ,

Did your son got his interview done? I hope it went well and he got the visa . Please let us know. Thank you .

[asdfgh2009 0]

Hi Ms ,

Did your son got his interview done? I hope it went well and he got the visa . Please let us know. Thank you .

his visa was approved, thank god, he got his passport from us embassy with visa on it 6 days after his interview, he will go here in USA on june17... goodluck to all of you

[Tracy834 0]

his visa was approved, thank god, he got his passport from us embassy with visa on it 6 days after his interview, he will go here in USA on june17... goodluck to all of you

Congratulation to you and your family . I am soooo happy for you

Edited May 18, 2012 by Tracy834

[myomin 1]

NEED REPLY

I am living in Myanmar and my parents and sis are in USA. I got this message (its not the full message)

My age is 27

On April 15, 2011, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

How many days do i have to wait for the visa. Now it's been 1 year and i really want to know what procedure do i have to do.

Pls give me the idea and suggestion. I don't want to stay here.

[JimVaPhuong 4,863]

NEED REPLY

I am living in Myanmar and my parents and sis are in USA. I got this message (its not the full message)

My age is 27

On April 15, 2011, we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

How many days do i have to wait for the visa. Now it's been 1 year and i really want to know what procedure do i have to do.

Pls give me the idea and suggestion. I don't want to stay here.

Who filed the petition for you? If it was your parents, are they US citizens or permanent residents? What is the priority date of the petition?

If the priority date isn't current yet then you don't do anything until it is current.

[myomin 1]

Who filed the petition for you? If it was your parents, are they US citizens or permanent residents? What is the priority date of the petition?

If the priority date isn't current yet then you don't do anything until it is current.

My father filled the form and he will get the citizenship next year and i also got the case number last year but

i want to know how many days do i have to wait for visa? Someone said u have to wait 7 years.

My visa type is unmarried son or daughter over 21

[JimVaPhuong 4,863]

My father filled the form and he will get the citizenship next year and i also got the case number last year but

i want to know how many days do i have to wait for visa? Someone said u have to wait 7 years.

My visa type is unmarried son or daughter over 21

Ok, if he's a permanent resident now then your visa category is FB2B. The current cutoff date for FB2B's is April 15, 2004. This means people who have a priority date BEFORE April 15, 2004, can apply for a visa now. That's about 8 years. If he filed the petition last year then you've got about another 7 years to wait. If he becomes a US citizen next year and he notifies USCIS then your visa category will convert to FB1. The current cutoff date for FB1's is June 22, 2005. That will knock about a year off your wait.

Anyway, your case doesn't appear to be eligible for CSPA. Keep on eye on the following page at the Department of State website and check the current visa bulletin each month to see how the cutoff dates are progressing.

http://travel.state.gov/visa/bulletin/bulletin_1360.html