aging out CSPA

[sheilsys 0]

I need help. My son was born 10-1-1987. I am an LPR and filed my son's petition in 3-1-2006 (date of receipt) when he was 18. Petition was approved 3/2009. NVC says his status is FB2. I want to dispute it on the basis of CSPA that his age should have froze at 18 when his petition was originally filed. NVC said since they (NVC) did not recieve his petition until 2009 which at that time he is already 21 years old, then his status would be at FB2.

I need help in analyzing this! please...

Edited April 20, 2009 by sheilsys

[aaron2020 11,651]

I need help. My son was born 10-1-1987. I am an LPR and filed my son's petition in 3-1-2006 (date of receipt) when he was 18. Petition was approved 3/2009. NVC says his status is FB2. I want to dispute it on the basis of CSPA that his age should have froze at 18 when his petition was originally filed. NVC said since they (NVC) did not recieve his petition until 2009 which at that time he is already 21 years old, then his status would be at FB2.

I need help in analyzing this! please...

Your son's final category is determined by his age when an immigration visa becomes available, not how old he was when you filed. Currently, he is in the F2b category as he is 21 years or older.

Since it took three years for your son's petition to be approved, CSPA would possibly shave 3 years off his real age for immigration purposes; filed March 2006 and approved March 2009. In the F2a category for Filipinos, the current Priority Date (PD) is October 8, 2004. So your son's PD will be current in this category within 17 months (IF - big IF - the PD advances inline with the calendar), your son will be 23 years old on October 1, 2011. CSPA will shave 3 years off, so his CSPA age will be 20 years old.

Right now, I don't think you can request that USCIS and the NVC change your son's category back to F2a. You may be able to do it as his PD is about to become current in a year. You should make an argument that his CSPA age will be under 21 and thus he is eligible for a visa under the F2a category.

This is only my opinion. You should consult with an immigration lawyer. It's worth saving your son six years of waiting in the Philippines .

[sheilsys 0]

Thanks for your prompt reply. My thing is that in his aproval notice from USCIS, it stated there that his petition was approved under petition of a minor. But when it got to NVC, it was changed to petition of adult child. Can I dispute it on the basis of the original Notice of Action that I received from USCIS?

I need help. My son was born 10-1-1987. I am an LPR and filed my son's petition in 3-1-2006 (date of receipt) when he was 18. Petition was approved 3/2009. NVC says his status is FB2. I want to dispute it on the basis of CSPA that his age should have froze at 18 when his petition was originally filed. NVC said since they (NVC) did not recieve his petition until 2009 which at that time he is already 21 years old, then his status would be at FB2.

I need help in analyzing this! please...

Your son's final category is determined by his age when an immigration visa becomes available, not how old he was when you filed. Currently, he is in the F2b category as he is 21 years or older.

Since it took three years for your son's petition to be approved, CSPA would possibly shave 3 years off his real age for immigration purposes; filed March 2006 and approved March 2009. In the F2a category for Filipinos, the current Priority Date (PD) is October 8, 2004. So your son's PD will be current in this category within 17 months (IF - big IF - the PD advances inline with the calendar), your son will be 23 years old on October 1, 2011. CSPA will shave 3 years off, so his CSPA age will be 20 years old.

Right now, I don't think you can request that USCIS and the NVC change your son's category back to F2a. You may be able to do it as his PD is about to become current in a year. You should make an argument that his CSPA age will be under 21 and thus he is eligible for a visa under the F2a category.

This is only my opinion. You should consult with an immigration lawyer. It's worth saving your son six years of waiting in the Philippines .

[aaron2020 11,651]

Thanks for your prompt reply. My thing is that in his aproval notice from USCIS, it stated there that his petition was approved under petition of a minor. But when it got to NVC, it was changed to petition of adult child. Can I dispute it on the basis of the original Notice of Action that I received from USCIS?

I need help. My son was born 10-1-1987. I am an LPR and filed my son's petition in 3-1-2006 (date of receipt) when he was 18. Petition was approved 3/2009. NVC says his status is FB2. I want to dispute it on the basis of CSPA that his age should have froze at 18 when his petition was originally filed. NVC said since they (NVC) did not recieve his petition until 2009 which at that time he is already 21 years old, then his status would be at FB2.

I need help in analyzing this! please...

Your son's final category is determined by his age when an immigration visa becomes available, not how old he was when you filed. Currently, he is in the F2b category as he is 21 years or older.

Since it took three years for your son's petition to be approved, CSPA would possibly shave 3 years off his real age for immigration purposes; filed March 2006 and approved March 2009. In the F2a category for Filipinos, the current Priority Date (PD) is October 8, 2004. So your son's PD will be current in this category within 17 months (IF - big IF - the PD advances inline with the calendar), your son will be 23 years old on October 1, 2011. CSPA will shave 3 years off, so his CSPA age will be 20 years old.

Right now, I don't think you can request that USCIS and the NVC change your son's category back to F2a. You may be able to do it as his PD is about to become current in a year. You should make an argument that his CSPA age will be under 21 and thus he is eligible for a visa under the F2a category.

This is only my opinion. You should consult with an immigration lawyer. It's worth saving your son six years of waiting in the Philippines .

I don't think so. Beneficiaries change categories - it's just how the system works. It's like a married child of a USC who is in the F3 who divorces and is reclassified as an F1. If that person subsequently remarries, the person moves back to F3. The category is determined by the current status and not what it was when the petition was filed.

Your best course of action is to argue CSPA in a year. I don't think it would work now because it may take 3 years for the PD to move 1 year in the F2a category and CSPA would not help your son. On the other hand, sending them a letter stating that CSPA would apply in your son's case can't hurt. Talk to a lawyer and see what happens. Most will not charge for the initial meeting or charge a few hundred bucks. I think spending $500 or $1000 for a lawyer to ensure that your son does not wait an extra six years in the F2b category is well worth the money. I don't think this forum full of non-lawyers is going to be able to help you more than what has already been said.

[sheilsys 0]

thanks again very much!

Thanks for your prompt reply. My thing is that in his aproval notice from USCIS, it stated there that his petition was approved under petition of a minor. But when it got to NVC, it was changed to petition of adult child. Can I dispute it on the basis of the original Notice of Action that I received from USCIS?

I need help. My son was born 10-1-1987. I am an LPR and filed my son's petition in 3-1-2006 (date of receipt) when he was 18. Petition was approved 3/2009. NVC says his status is FB2. I want to dispute it on the basis of CSPA that his age should have froze at 18 when his petition was originally filed. NVC said since they (NVC) did not recieve his petition until 2009 which at that time he is already 21 years old, then his status would be at FB2.

I need help in analyzing this! please...

Your son's final category is determined by his age when an immigration visa becomes available, not how old he was when you filed. Currently, he is in the F2b category as he is 21 years or older.

Since it took three years for your son's petition to be approved, CSPA would possibly shave 3 years off his real age for immigration purposes; filed March 2006 and approved March 2009. In the F2a category for Filipinos, the current Priority Date (PD) is October 8, 2004. So your son's PD will be current in this category within 17 months (IF - big IF - the PD advances inline with the calendar), your son will be 23 years old on October 1, 2011. CSPA will shave 3 years off, so his CSPA age will be 20 years old.

Right now, I don't think you can request that USCIS and the NVC change your son's category back to F2a. You may be able to do it as his PD is about to become current in a year. You should make an argument that his CSPA age will be under 21 and thus he is eligible for a visa under the F2a category.

This is only my opinion. You should consult with an immigration lawyer. It's worth saving your son six years of waiting in the Philippines .

I don't think so. Beneficiaries change categories - it's just how the system works. It's like a married child of a USC who is in the F3 who divorces and is reclassified as an F1. If that person subsequently remarries, the person moves back to F3. The category is determined by the current status and not what it was when the petition was filed.

Your best course of action is to argue CSPA in a year. I don't think it would work now because it may take 3 years for the PD to move 1 year in the F2a category and CSPA would not help your son. On the other hand, sending them a letter stating that CSPA would apply in your son's case can't hurt. Talk to a lawyer and see what happens. Most will not charge for the initial meeting or charge a few hundred bucks. I think spending $500 or $1000 for a lawyer to ensure that your son does not wait an extra six years in the F2b category is well worth the money. I don't think this forum full of non-lawyers is going to be able to help you more than what has already been said.

[sheilsys 0]

I SENT A DISPUTE AND THEY REPLIED!!!!THEY SWITCHED HIM BACK TO MINOR STATUS!!!!WHOOPEE!!!!

Edited April 23, 2009 by sheilsys

[aaron2020 11,651]

I SENT A DISPUTE AND THEY REPLIED!!!!THEY SWITCHED HIM BACK TO MINOR STATUS!!!!WHOOPEE!!!!

Super. Please post a summary of what you did to get them to switch your son back to the F2a category so that others can benefit from your case. If possible, post the letter if you wrote one.