NOA2 & child turns 21 in few days. Will CSPA help ?

[purpleghost 1]

We have a situation here and kind of worried.

Petition was approved before child is 21. Will be 21 in less than 20 days time. Read online here that NVC may expedite case if child is turning 21 within 60 days. We have everything ready but we dont have NVC case number yet and are worried if there is any hope.

Question is if CSPA could be used in this scenario and can NVC actually expedite this case?

Edited August 1, 2013 by daikku

[Hypnos 6,578]

How long was the petition pending (accepted for processing by USCIS but not approved)? You can deduct the processing time from the child's biological age to arrive at their "CSPA age".

[purpleghost 1]

How long was the petition pending (accepted for processing by USCIS but not approved)? You can deduct the processing time from the child's biological age to arrive at their "CSPA age".

Thanks.. petition was pending for 8 and ½ months. Child's category is current now. Can we still complete the whole case now that it is current?

[Hypnos 6,578]

Use the following calculator to determine the child's "CSPA age": http://www.**.com/immigrant-visa/cspa-calculator/

But from what you've said - yes. The child's CSPA age will be something in the ballpark of 20 years and 3 months. I would still contact the NVC and inform them that the child is turning 21 shortly, but still qualifies under the Child Status Protection Act to be counted as a child. This will hopefully hurry them up, because you are on a deadline here.

You have almost nine months from now to get the visa issued though, so should be ok.

[purpleghost 1]

Use the following calculator to determine the child's "CSPA age": http://www.**.com/immigrant-visa/cspa-calculator/

But from what you've said - yes. The child's CSPA age will be something in the ballpark of 20 years and 3 months. I would still contact the NVC and inform them that the child is turning 21 shortly, but still qualifies under the Child Status Protection Act to be counted as a child. This will hopefully hurry them up, because you are on a deadline here.

You have almost nine months from now to get the visa issued though, so should be ok.

We have been trying to call them several times and each time, they tell us to wait for about 8 weeks!

They keep saying there is nothing they can or will do about it even if child is turning 21... I think 9 months is ok time to complete the case. But what happens if category is no more current?

[Hypnos 6,578]

Then unfortunately you would need to wait until it's current again.

[purpleghost 1]

Then unfortunately you would need to wait until it's current again.

If case is completed with NVC in for example in Sept and category is no more current. Is it still safe for child to immigrate to the US when visa becomes current again??

[Hypnos 6,578]

I believe that on the date of approval by the consular officer then the preference category must be current. I'm not 100% certain of that, so hopefully someone else can chime in.

[purpleghost 1]

I believe that on the date of approval by the consular officer then the preference category must be current. I'm not 100% certain of that, so hopefully someone else can chime in.

Thanks so much for all your responses. Now we are a bit relaxed and I hope someone can still chime in here with more information.

[aaron2020 11,651]

The NVC will not expedite this case. There is no reason to do that since the child's CSPA age has been frozen under 21.

Once the PD became current, CSPA froze the child's age. As long as the child "sought to acquire" LPR status before the PD regresses, the child's age will remain frozen.

"Sought to acquire" has been litigated. The US government wants a DS-230. The court has said getting an attorney to prepare the DS-230 is sufficient. However, this was a lower court so it does not bind the service on all cases.

Since "sought to acquire" is unclear, it's best to monitor the Visa Bulletin. If the child's PD looks like it will regress, then send in the DS-230 regardless of anything to lock the child's age. If the child's PD does not regress, then wait for the NVC to contact you. They are currently working on lots of F2a cases as indicated by the number of recent posts about NOA2 for F2a cases.

Relax. The child will not age out.

Edited August 2, 2013 by aaron2020