CSPA- am I cover?

[zeezee 2]

Hello All, My PD is May 29 2009 and I haven't heard anything from NVC since Dec of 2010. Basically, I am waiting on my visa interview and my PD to be current. My question is I will be 21 next month (October 21) and It is clear that I wont be getting my visa interview call in October, so this will make me over 21 at the time of the interview. What should I do? Do I need to notify NVC regarding my case, and will they change my category from f2a to something else. Please reply...I am just worried.

Thanks

[JimVaPhuong 4,863]

Hello All, My PD is May 29 2009 and I haven't heard anything from NVC since Dec of 2010. Basically, I am waiting on my visa interview and my PD to be current. My question is I will be 21 next month (October 21) and It is clear that I wont be getting my visa interview call in October, so this will make me over 21 at the time of the interview. What should I do? Do I need to notify NVC regarding my case, and will they change my category from f2a to something else. Please reply...I am just worried.

Thanks

When was your petition filed and when was it approved? They deduct that time from your age. For example, if your petition was pending for a year then they'll deduct a year from your age.

If you are the direct beneficiary of the F2A (i.e., not a derivative of a petition for a parent) and you age out then your petition would automatically convert to F2B with the same priority date.

[zeezee 2]

my PD is 05/29/09 and the last I heard from NVC was 12/30/2010. I am not sure what do u mean by the approval date. The current PD for F2A is 01/08/09.

Thx

[zeezee 2]

update- the last i heard from NVC was that my case has been approved. I am not a direct beneficiary. My dad applied for my mom and since i was under 21 i would be automatically will be consider for the visa.

[JimVaPhuong 4,863]

You need to know what day your mother's I-130 petition was approved. That, combined with the date the priority date becomes current, will determine if you've aged out. Basically, you subtract your priority date from the date the petition was approved - this is the amount of time the petition was pending. Then, you subtract the amount of time your petition was pending from your age on the date your priority date becomes current. If the result is under 21 years then you didn't age out. If the result is over 21 years then you've aged out.

If you age out then you are no longer eligible for an F2A visa as a derivative of your mother's petition. If your father had filed a separate petition for you then your visa category would automatically convert to F2B. However, since there was no separate petition that won't happen. Someone will have to submit a new petition for you.

[zeezee 2]

You need to know what day your mother's I-130 petition was approved. That, combined with the date the priority date becomes current, will determine if you've aged out. Basically, you subtract your priority date from the date the petition was approved - this is the amount of time the petition was pending. Then, you subtract the amount of time your petition was pending from your age on the date your priority date becomes current. If the result is under 21 years then you didn't age out. If the result is over 21 years then you've aged out.

If you age out then you are no longer eligible for an F2A visa as a derivative of your mother's petition. If your father had filed a separate petition for you then your visa category would automatically convert to F2B. However, since there was no separate petition that won't happen. Someone will have to submit a new petition for you.

Humm...still confusing, but I do appreciate your input. I am not exactly sure when is the approval date for the I130, but I think it was some where in 2010 when my dad received the papers. Isnt this date is the same same when NVC sent us a letter saying that your case has been approved, which was on 12/30/2010. My date of birth is 10/27/1990 and my PD is 5/29/09 and the current PD for F2A is 1/8/9. Can you figure something from this?

Thanks again

[JimVaPhuong 4,863]

Humm...still confusing, but I do appreciate your input. I am not exactly sure when is the approval date for the I130, but I think it was some where in 2010 when my dad received the papers. Isnt this date is the same same when NVC sent us a letter saying that your case has been approved, which was on 12/30/2010. My date of birth is 10/27/1990 and my PD is 5/29/09 and the current PD for F2A is 1/8/9. Can you figure something from this?

Thanks again

No. We still don't know for certain the day the petition was approved nor the day your priority date will be current, but let's make some assumptions. Let's presume that the petition was approved a month before NVC sent the letter, which would be 11/30/2010. Let's presume also that the priority date will be current on 2/1/2012. Your actual age at that time will be 21 years, 3 months, 5 days. However, your CSPA age will be 19 years, 9 months, 3 days. You would not have aged out. If the petition was approved before 11/30/2010 then your CSPA age would be older. Likewise, if your priority date doesn't become current until after 2/1/2012 then your CSPA age would be older.

Unless the petition was approved very quickly, or there's a regression in the cutoff dates, then you probably won't age out. However, there is no way to know for sure unless you know the date the petition was approved, and you wait until your priority date is current for F2A.

[zeezee 2]

No. We still don't know for certain the day the petition was approved nor the day your priority date will be current, but let's make some assumptions. Let's presume that the petition was approved a month before NVC sent the letter, which would be 11/30/2010. Let's presume also that the priority date will be current on 2/1/2012. Your actual age at that time will be 21 years, 3 months, 5 days. However, your CSPA age will be 19 years, 9 months, 3 days. You would not have aged out. If the petition was approved before 11/30/2010 then your CSPA age would be older. Likewise, if your priority date doesn't become current until after 2/1/2012 then your CSPA age would be older.

Unless the petition was approved very quickly, or there's a regression in the cutoff dates, then you probably won't age out. However, there is no way to know for sure unless you know the date the petition was approved, and you wait until your priority date is current for F2A.

My dad called the NVC folks, they told him that the I130 was approved on 7/29/10. Can we figure it out now? Thanks for your help.

[NigeriaorBust 4,087]

it took from may 2009 to july 2010 to approve your petition so you have 21 + ( days between pd and appr date ) about about 14 months for CPSA coverage

[zeezee 2]

it took from may 2009 to july 2010 to approve your petition so you have 21 + ( days between pd and appr date ) about about 14 months for CPSA coverage

So will I be aged out or should I be okay?

[JimVaPhuong 4,863]

So will I be aged out or should I be okay?

Assuming the cutoff dates advance one month in each new visa bulletin, and also presuming that there is no retrogression, then you've got about another five months before your priority date will be current. Let's assume your priority date will be current in the visa bulletin for March, 2012. Your CSPA age at that time will be 20 years, 2 months, 18 days.

Unless there is a retrogression, I think you'll be fine.

[Mrs Green 6]

Jim, i must comment you on your thorough explanation of the CSPA. You have always given helpful insights on various topics. Keep it up bro