CALLING ALL F2A..

[-mitch- 3]

Yes.

NOT NECESSARILY! and i even want to say NO!

file for the "child status protection act" where there is a calculation that the child's age when the petition was filed will stay the same till your case will be completed... check on that here at VJ and youll see that its a NO!

[Superkruz 6]

On the day her PD becomes current, you subtract the total time her I-130 was pending from her actual age, if the result is less than 21, she can apply for IV under F2A

The answer should then always be the age of the child when the petition was filed - do I understand your answer correctly?

NOT NECESSARILY! and i even want to say NO!

file for the "child status protection act" where there is a calculation that the child's age when the petition was filed will stay the same till your case will be completed... check on that here at VJ and youll see that its a NO!

Great answer!!! Thanks a lot for that. Do you know where I can read some ore about this on the USCIS or State Dept website?

[cazy888 3]

hi everyone how many days will it take to have a case status assigned from the date of NOA2... thank you

[visabulletin 3]

My case was assingned in 6 days and took 18 days for choice of agent.Hope that helps. Thanks.

[singhisking 1]

hi everyone how many days will it take to have a case status assigned from the date of NOA2... thank you

based on your NOA2 date, can I expect mine with in this month of June....

[Export of Dhaka 8]

NOT NECESSARILY! and i even want to say NO!

file for the "child status protection act" where there is a calculation that the child's age when the petition was filed will stay the same till your case will be completed... check on that here at VJ and youll see that its a NO!

You are incorrect. CSPA doesn't freeze the "child's age when the petition was filed". You need to understand CSPA before you start giving out advice.

[Export of Dhaka 8]

The answer should then always be the age of the child when the petition was filed - do I understand your answer correctly?

No, you didn't understand what I said.

I said, on the day PD BECOMES CURRENT - it is not the same as PD. In the F2A category, as of June 1, 2011, only the petitions filed BEFORE Aug 22, 2007 have a PD (priority date) that is current.

For example (mind it, it's an example),

1. You file I-130 for your daughter within the next few days and it is assigned a priority date of June 5, 2011.

2. USCIS takes 5 months before approving the I-130 and sending it to NVC

3. Your daughter's PD (June 5, 2011) becomes current on October 1, 2014

To calculate your daughter's CSPA age, you find her exact age ON October 1, 2014 (the day her PD becomes current), subtract 5 months from this age (time I-130 was pending before approval). If the resulting age is less than 21, she can apply for a visa under F2A, otherwise she would have to wait for her PD to become current under F2B (more wait).

[Export of Dhaka 8]

The answer should then always be the age of the child when the petition was filed - do I understand your answer correctly?

Ok, I think I figured out where you went wrong. You are confusing "the time I-130 is pending" and "time before PD becomes current". I-130 can be pending only for a very short time compared to the wait for the PD to become current. I-130 is just the first step - it's does nothing but establishes the relationship between the petitioner and the beneficiary officially . I-130 can be approved years before PD is expected to become current.

Unfortunately, under CSPA you only get to subtract the time I-130 was pending - NOT the wait time before PD becomes current. So, in your case the best thing to do is to apply for her ASAP, and pray that USCIS does not approve the petition until the PD is or expected to become current in a short time - this way you can subtract the maximum time to reduce her CSPA age.

[Export of Dhaka 8]

NOT NECESSARILY! and i even want to say NO!

file for the "child status protection act" where there is a calculation that the child's age when the petition was filed will stay the same till your case will be completed... check on that here at VJ and youll see that its a NO!

You are incorrect. CSPA doesn't freeze the "child's age when the petition was filed". You need to understand CSPA before you start giving out advice.

Also, -mitch-, care to explain how to "file for the CSPA"? If a beneficiary of an LPR can benefit from CSPA, the CSPA age is frozen ON THE DATE PD BECOMES CURRENT, and the beneficiary has 1 year from that date to apply for visa.

Edited June 3, 2011 by Export of Dhaka

[Sirach123 2]

CSPA is not our thing that is why I pasted here an explanation of a noted Immigration Lawyer, Michael Gurfinkel, who also writes a column in the Philippine Star where I copied this. Hope everyone who has interest will be enlightened.

"The Child Status Protection Act (CSPA) can be very complex and confusing with its mathematical computations, and various steps and requirements, depending on whether the petition is by a U.S. citizen parent, or through other family or employment-based petitions.

For petitions by U.S. citizen parents, it is relatively straightforward: the child needs to be petitioned before the child’s 21st birthday. Then, the child’s age is “locked in” as a minor.

For all the other family and employment-based petitions, it is more complicated, and involves a two step process:

Step 1: Calculate the child’s age. This is done by determining how long it took USCIS to approve the petition. You take the date the petition was filed and the date the petition was approved. Was it one month? One year, Two years? Next, you wait for the priority date to become current. Once the priority date is current, you determine how old your child is on that date. You then subtract from the child’s age, the length of time it took USCIS to approve the petition. So, let’s say at the time the priority date is current, the child is 21 years and 8 months old. However, it took USCIS 9 months to approve the petition. So, if you subtract 9 months from the kid’s age, the kid will be under 21. However, if it took USCIS one month to approve the petition, the kid will be over 21 (in which case there is no need for step 2).

Step 2: The qualifying child must “seek to acquire” his or her visa within one year of visa availability. This is the tricky or confusing part. The one year deadline starts from the date the priority date becomes current, not one year from the time the parent adjusts status. Many people get confused on this point, and when the priority date becomes current, they file adjustment of status for themselves in the U.S., but wait to file the Form I-824 until after they get their green card. But, if it takes more than one year to adjust status, then more than one year would have passed from the time the visa was “available”. In that case, the child would have missed out on complying with this one-year “sought to acquire” requirement."

[Export of Dhaka 8]

CSPA is not our thing that is why I pasted here an explanation of a noted Immigration Lawyer, Michael Gurfinkel, who also writes a column in the Philippine Star where I copied this. Hope everyone who has interest will be enlightened.

"The Child Status Protection Act (CSPA) can be very complex and confusing with its mathematical computations, and various steps and requirements, depending on whether the petition is by a U.S. citizen parent, or through other family or employment-based petitions.

For petitions by U.S. citizen parents, it is relatively straightforward: the child needs to be petitioned before the child’s 21st birthday. Then, the child’s age is “locked in” as a minor.

For all the other family and employment-based petitions, it is more complicated, and involves a two step process:

Step 1: Calculate the child’s age. This is done by determining how long it took USCIS to approve the petition. You take the date the petition was filed and the date the petition was approved. Was it one month? One year, Two years? Next, you wait for the priority date to become current. Once the priority date is current, you determine how old your child is on that date. You then subtract from the child’s age, the length of time it took USCIS to approve the petition. So, let’s say at the time the priority date is current, the child is 21 years and 8 months old. However, it took USCIS 9 months to approve the petition. So, if you subtract 9 months from the kid’s age, the kid will be under 21. However, if it took USCIS one month to approve the petition, the kid will be over 21 (in which case there is no need for step 2).

Step 2: The qualifying child must “seek to acquire” his or her visa within one year of visa availability. This is the tricky or confusing part. The one year deadline starts from the date the priority date becomes current, not one year from the time the parent adjusts status. Many people get confused on this point, and when the priority date becomes current, they file adjustment of status for themselves in the U.S., but wait to file the Form I-824 until after they get their green card. But, if it takes more than one year to adjust status, then more than one year would have passed from the time the visa was “available”. In that case, the child would have missed out on complying with this one-year “sought to acquire” requirement."

That's exactly what I said in my posts about CSPA in this thread.

[visabulletin 3]

Calling all F2A. Its bulletin time. 5 more days to go. Cheers.

[ximeone-makimeh 1]

hi everyone how many days will it take to have a case status assigned from the date of NOA2... thank you

have you tried emailing nvc already to get your case no?

heres the format"

sent it to: NVCInquiry@state.gov

subject: your receipt no. usually if california it starts with wac

USCIS Case No: wac

Petitioner's Name:

Petitioner's Date of Birth:

Beneficiary's Name:

Beneficiary's Date of Birth:

RE: CASE NUMBER UPDATE

To whom it may concern,

I would like to inquire about my case, I received a letter from the USCIS containing this "On (date of approval), we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN". I was just wondering if I've already been assigned a case number? If I wasn't assigned a case number yet, how long does it normally take? Thank you very much.

Respectfully,

(name)

Address: (your adress here)

after you will receipt an auto response - you have to wait for a week to receive a reply from them... GOD BLESS YOU...

[cazy888 3]

have you tried emailing nvc already to get your case no?

heres the format"

sent it to: NVCInquiry@state.gov

subject: your receipt no. usually if california it starts with wac

USCIS Case No: wac

Petitioner's Name:

Petitioner's Date of Birth:

Beneficiary's Name:

Beneficiary's Date of Birth:

RE: CASE NUMBER UPDATE

To whom it may concern,

I would like to inquire about my case, I received a letter from the USCIS containing this "On (date of approval), we mailed you a notice that we have approved this I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN". I was just wondering if I've already been assigned a case number? If I wasn't assigned a case number yet, how long does it normally take? Thank you very much.

Respectfully,

(name)

Address: (your adress here)

after you will receipt an auto response - you have to wait for a week to receive a reply from them... GOD BLESS YOU...

thank you so much ...

[ximeone-makimeh 1]

no problem - you are always welcome

who received the hard copy of noa2? is it your husband?