F2A..current..Interview appt is DEc 19, 2012...but already 22 years old

[lanie castillo 0]

Hello, I hope someone can help me here.My sister was petition as a minor child (F2A)priority date is August 8, 2010 and she had already an interview schedule on December 19, 2012. I already paid her visa before the retrogression.The problem is shes now 22 years old.Her birthday is June 21 1990. I dont know what to do...please help me..

melanie

[apple21 953]

She can call the US Embassy Manila and ask for an appointment so she can verify if she's still covered by CSPA.

Better to be informed ahead of time before she does her medical because medical fees are non-refundable.

Edited November 6, 2012 by apple21

[bananamilk 0]

I'm sure your sister is over 21 because we're on the same boat. However I've been in the US for 5 years, almost finish my study and prepare to come back to my home country. So I don't know what will happen if my PD becomes current.

[lanie castillo 0]

Hi Apple, so you mean embassy Manila can answer those questions? Or just let her go to the interview? Or if shes denied do my mom needs to file another petition? or pays visa again? I will tell my sister to call the embassy too.Thanks for the info..

[lanie castillo 0]

She was already current before but retrogression happened..i really dont know what to do.But we will try to call the US embassy Manila..

[Athena June 37]

I am not a CSPA expert so I will not even try to answer your question - hopefully someone like Jim will see your thread and be able to help you. In the meantime, please post your sister's NOA2 date, as this is important for the CSPA calculation. In addition, you should read the CSPA thread pinned at the top of this page.

On the basis of what I have read here before, it's possible that your sister's age was already locked before retrogression happened, but I don't know enough of this to tell you for sure.

[shorty2345 4]

Hello, I hope someone can help me here.My sister was petition as a minor child (F2A)priority date is August 8, 2010 and she had already an interview schedule on December 19, 2012. I already paid her visa before the retrogression.The problem is shes now 22 years old.Her birthday is June 21 1990. I dont know what to do...please help me..

melanie

My brother was at his post two years ago and he also was 22 when my mother went to the interview, the consul asked for him and my mother told him that he was married and the consul said oh ok, so now he can not be at the case, but if he had not been married the consul was giving the visa. in my case I was 27 and I was rejected.....i'm sorry my english but i'm dominican and don't know a lot english

I hope that my case can help you

[bananamilk 0]

My brother was at his post two years ago and he also was 22 when my mother went to the interview, the consul asked for him and my mother told him that he was married and the consul said oh ok, so now he can not be at the case, but if he had not been married the consul was giving the visa. in my case I was 27 and I was rejected.....i'm sorry my english but i'm dominican and don't know a lot english

I hope that my case can help you

So they really accept if a child's not over 22??? I was born in 1990 but my CSPA age is just 21 and a half.

[PAK2015 F2B 9]

Now listen me all u guys I AM CSPA expert

according to your info UR SIS PD AUG,8,2010 WHAT IS USCIS APPROVAL DATE???

USCIS APPROVAL MEAN WHEN U IST TIME RECEIVED letter FROM NVC

SO WHEN WE HAVE THAT DATE THEN WE CAN MINUS THAT TIME FROM UR SISTER ACTUAL AGE from december 2012..IF THAT TIME IS ONE YEAR AND SOME MONTHS THEN UR SISTER WILL BE ELIGIBLE FOR IMMIGRANT VISA BECAuse if we minus that time so ur sister still be under 21 according to cspa formula and ur sis age...if that time is less than one which im talkin about that she cant eligible..now ur sister age is 22 years and 5 months. if we minus 16 months from current age then she is eligible if we minus 15 then she is not. i think now clear.

and first time ur PD was current in december 2010 and if u submited DS-230 form since december2010 then she is eligible otherwise now 16 months will be minus from her age if USCIS had took 16 months or more for approval.

JUST tell me petition approval date then ill calculate

GOOD LUCK

Edited November 7, 2012 by pak2002

[aaron2020 11,651]

Now listen me all u guys I AM CSPA expert

according to your info UR SIS PD AUG,8,2010 WHAT IS USCIS APPROVAL DATE???

USCIS APPROVAL MEAN WHEN U IST TIME RECEIVED letter FROM NVC

SO WHEN WE HAVE THAT DATE THEN WE CAN MINUS THAT TIME FROM UR SISTER ACTUAL AGE from december 2012..IF THAT TIME IS ONE YEAR AND SOME MONTHS THEN UR SISTER WILL BE ELIGIBLE FOR IMMIGRANT VISA BECAuse if we minus that time so ur sister still be under 21 according to cspa formula and ur sis age...if that time is less than one which im talkin about that she cant eligible..now ur sister age is 22 years and 5 months. if we minus 16 months from current age then she is eligible if we minus 15 then she is not. i think now clear.

and first time ur PD was current in december 2010 and if u submited DS-230 form since december2010 then she is eligible otherwise now 16 months will be minus from her age if USCIS had took 16 months or more for approval.

JUST tell me petition approval date then ill calculate

GOOD LUCK

Worst CSPA Expert EVER!!!! You didn't even address Retrogression and the effect on CSPA.

To the OP:

As long as your sister CSPA age was under 21 when her PD first became current before retrogression - AND - the DS-230 was submitted before retrogression, then your sister is fine because under CSPA and the Retrogression scenario her CSPA was locked in as under 21.

If the DS-230 was submitted after retrogression, then CSPA may or may not apply depending on the circumstances - whether the beneficiary took steps "to sought to acquire" an immigration visa.

Google "retrogression and CSPA" for more info.

[PAK2015 F2B 9]

Worst CSPA Expert EVER!!!! You didn't even address Retrogression and the effect on CSPA.

To the OP:

As long as your sister CSPA age was under 21 when her PD first became current before retrogression - AND - the DS-230 was submitted before retrogression, then your sister is fine because under CSPA and the Retrogression scenario her CSPA was locked in as under 21.

If the DS-230 was submitted after retrogression, then CSPA may or may not apply depending on the circumstances - whether the beneficiary took steps "to sought to acquire" an immigration visa.

Google "retrogression and CSPA" for more info.

DEAR 'aaron2020

you say right but look at her PD it is 8-8-2010 and this date was available december 2010....DS-230 only can be submit if USCIS approve that petition at sep2010...but it is not possible because USCIS have take 6 months to one year for approval......we dont know here approval date and when she received DS-3032....the info i was give is 100% true

now u get me wrost diamond member

ist get knowledge then post it

Edited November 8, 2012 by pak2002

[aaron2020 11,651]

Worst CSPA Expert EVER!!!! You didn't even address Retrogression and the effect on CSPA.

To the OP:

As long as your sister CSPA age was under 21 when her PD first became current before retrogression - AND - the DS-230 was submitted before retrogression, then your sister is fine because under CSPA and the Retrogression scenario her CSPA was locked in as under 21.

If the DS-230 was submitted after retrogression, then CSPA may or may not apply depending on the circumstances - whether the beneficiary took steps "to sought to acquire" an immigration visa.

Google "retrogression and CSPA" for more info.

DEAR 'aaron2020

you say right but look at her PD it is 8-8-2010 and this date was available december 2010....DS-230 only can be submit if USCIS approve that petition at sep2010...but it is not possible because USCIS have take 6 months to one year for approval......we dont know here approval date and when she received DS-3032....the info i was give is 100% true

now u get me wrost diamond member

ist get knowledge then post it

Under the "sought to acquire" requirement for protection under CSPA and Retrogression, we know that CSPA protections kicked in when the DS-230 is submitted before Retrogression.

The OP's sister is 22 in 2012. Therefore in 2010, she was 20. So, what does it matter when her approval date is or when she received the DS-3032 if her real age was under 21 when her PD was current and the DS-230 was filed before Retrogression?????

The info that you posted is not 100% true. Do get made when you are wrong. You brought it upon yourself when you called yourself a "CSPA expert." I am no CSPA expert, but I know more than you.

[PAK2015 F2B 9]

Under the "sought to acquire" requirement for protection under CSPA and Retrogression, we know that CSPA protections kicked in when the DS-230 is submitted before Retrogression.

The OP's sister is 22 in 2012. Therefore in 2010, she was 20. So, what does it matter when her approval date is or when she received the DS-3032 if her real age was under 21 when her PD was current and the DS-230 was filed before Retrogression?????

The info that you posted is not 100% true. Do get made when you are wrong. You brought it upon yourself when you called yourself a "CSPA expert." I am no CSPA expert, but I know more than you.

HE didt mention she filed DS-230 before retrogression cuz retrogression was mad 1 jan2011...and how can someone submit DS-230 before petition approval....this form only can submit the petition must approve..if not then we cant submit unless our PD available..

Edited November 8, 2012 by pak2002

[apple21 953]

Hi Apple, so you mean embassy Manila can answer those questions? Or just let her go to the interview? Or if shes denied do my mom needs to file another petition? or pays visa again? I will tell my sister to call the embassy too.Thanks for the info..

The US Embassy Manila can answer your query regarding CSPA. Just bring all the documents that you have regarding the petition. Bring also an updated CENOMAR to prove your sister is still single/unmarried.

You can call the embassy and ask for an appointment to speak with someone regarding CSPA. You can do this now. No need to wait for the interview because you will only ask if your sister is still covered by CSPA. If the embassy says she's covered, then you can proceed with the medical and interview. If the embassy says that your sister has aged-out then there's no reason to do the medical and interview, a new petition should be filed under F2B category (unmarried son/daughter over 21 of Permanent Resident).

[Athena June 37]

a new petition should be filed under F2B category (unmarried son/daughter over 21 of Permanent Resident).

Even if the OP's sister had aged out, there would be no need to file a new petition. The existing petition would automatically be converted to F2B category. The original priority date of the F2A petition would be kept.