CSPA - Retrogression question - F2A

[aljenca 0]

Hello,

I am hoping you can answer some of my confusion and questions below regarding my brother's F2A case and the Retrogression.

Priority Date: 08/17/2010

Petition Approved: 12/15/2010

Birth date: 6/30/1990 (Turned 21 June 2011)

Visa becomes current before retrogression: December 2010 (Processing 08/01/2010).

January 2011: Retrogression occurred and date moved back to 2008 priority date.

Question: Is there any way my brother can be protected by the CSPA rule? The retrogression was very bad for us, we had a projected visa interview for him in February 2011.

If I use the CSFA calculator and deduct the time the petition was pending ( 1 month and 28 days). And use this against his priority date, he would have been included in the December 2010 visa bulletin. I know this is kind of a reverse calculation but we are just bummed that the December 2010 visa bulletin has August 1, 2010 and not August 17, 2010. We felt like we are being penalized by state department's mistake or miscalculation at the same time cannot believe how they could be off by more than 2 years on their calculations .

I appreciate if you could give us any advice.

Thank you,

Jen

Edited February 20, 2013 by aljenca

[apple21 953]

Your brother's PD already became current in the December 2012 Visa Bulletin: http://www.travel.state.gov/visa/bulletin/bulletin_5803.html

Is his case already completed with NVC? If yes, he should have already received an interview letter from NVC some time 1st week of November 2012.

[aljenca 0]

Your brother's PD already became current in the December 2012 Visa Bulletin: http://www.travel.state.gov/visa/bulletin/bulletin_5803.html

Is his case already completed with NVC? If yes, he should have already received an interview letter from NVC some time 1st week of November 2012.

No we did not receive an interview letter from NVC. Instead we received a letter with title "MNLXXXXXXXXXX (P3AU PREVIOUSLY CURRENT FOR NEOPOST DS-1200)(CC). And the letter explains that "because of the recent change in his visa classification visa numbers are not presently available for his visa category". I assumed the change they are talking about on the letter is the retrogression.

I sent an email to the NVC inquiry and I'm not getting any response.

[apple21 953]

No we did not receive an interview letter from NVC. Instead we received a letter with title "MNLXXXXXXXXXX (P3AU PREVIOUSLY CURRENT FOR NEOPOST DS-1200)(CC). And the letter explains that "because of the recent change in his visa classification visa numbers are not presently available for his visa category". I assumed the change they are talking about on the letter is the retrogression.

I sent an email to the NVC inquiry and I'm not getting any response.

Seems to me he was already transferred to the F2B category.