F2a I-130 approved after 3 week! Still worry about CSPA rule.

[mtran1001 0]

All,

We're so happy that our I-130 application has been approved within 3 weeks. However, we're still a little worry if the CSPA rule will be applied automatically when we'll get the NVC notice later. The child was just turned 21 last week, a few days before her I-130 was approved. Based on our knowledge about CSPA rule, she would be still covered since her PD is current now. We used some of the CSPA calculators out there and it's good too. I'm wondering if NVC would apply this rule automatically or I have to submit a letter later to explain it. There're also some forums saying that unless D230 is applied, her age will not be covered then. However, as I know, we can't submit D230 until receiving notices from NVC and paying all the fees. Would her age be frozen now under 21 and be good if I filed D230 within a year of her approval?

Thanks.

Michael.

[Hypnos 6,576]

Provided she "seeks to acquire" LPR status (either through an immigrant visa or AoS) within one calendar year of her priority date becoming current then she will remain classified as a child under CSPA automatically.

[KPACOTKA 0]

Provided she "seeks to acquire" LPR status (either through an immigrant visa or AoS) within one calendar year of her priority date becoming current then she will remain classified as a child under CSPA automatically.

Hi there, we have similar situation. Minor child in F2A category, turning 21 in June. I130 still pending. Hypnos, as per your "Provided she "seeks to acquire" LPR status (either through an immigrant visa or AoS) within one calendar year of her priority date becoming current then she will remain classified as a child under CSPA automatically." Does the child still qualify after turning 21 and given the fact that priority date might not be current within the next couple of months? When does that one year calculation start? F2A is current now, if its not current in 3months, would that rule still apply while filing for immigrant visa? Thank you

All,

We're so happy that our I-130 application has been approved within 3 weeks. However, we're still a little worry if the CSPA rule will be applied automatically when we'll get the NVC notice later. The child was just turned 21 last week, a few days before her I-130 was approved. Based on our knowledge about CSPA rule, she would be still covered since her PD is current now. We used some of the CSPA calculators out there and it's good too. I'm wondering if NVC would apply this rule automatically or I have to submit a letter later to explain it. There're also some forums saying that unless D230 is applied, her age will not be covered then. However, as I know, we can't submit D230 until receiving notices from NVC and paying all the fees. Would her age be frozen now under 21 and be good if I filed D230 within a year of her approval?

Thanks.

Michael.

Congratulations on your approval!!)Its amazing how fast they approved it? Did you guys expedite it? Whats your crevice center?

[Hypnos 6,576]

You can use the following calculator to show whether CSPA applies to a particular case or not: http://www.**.com/immigrant-visa/cspa-calculator/

In general terms, you deduct the processing time of the I-130 from the child's biological age at the time their priority date becomes current. If this calculation arrives at a figure under 21 years then the alien will be treated as a child for immigration purposes under CSPA. Provided the alien "seeks to acquire" LPR status within a year of their priority date becoming current then they remain classified as a child, even if biologically over 21 years of age.

Edited October 15, 2013 by Captain Ewok

[KPACOTKA 0]

You can use the following calculator to show whether CSPA applies to a particular case or not: http://www.**.com/immigrant-visa/cspa-calculator/

In general terms, you deduct the processing time of the I-130 from the child's biological age at the time their priority date becomes current. If this calculation arrives at a figure under 21 years then the alien will be treated as a child for immigration purposes under CSPA. Provided the alien "seeks to acquire" LPR status within a year of their priority date becoming current then they remain classified as a child, even if biologically over 21 years of age.

Thank you, this part seems pretty straight forward(deducting the time USCIS took to adjudicate I130). I cant really use CSPA calculators now, since I130 isnt approved yet. What confusing to me, and sorry if it seems dumb, is that is at all in conjunction with priority dates being current at that specific time? Meaning if PD is not current anymore by the time I130 is approved, nothing can be done? One cant file for immigrant visa if PD isnt current, the childs age diesnt freeze at that point. Does the rule "seeks to acquire immigrant status start only after I130 approval and with current priority date? Thank you

[MangAntipolo 3]

I am an LPR entered here in the US only last year. My petition was approved a month before I turned 21. I was covered under CSPA. I had my visa interview at the age of 22 (April) and was already 23 when I entered the US (cause July is my bday).

[Hypnos 6,576]

The age freezes on the day the priority date becomes current, provided the immigrant visa or AoS is filed within a calendar year of that happening.

[mtran1001 0]

Hi there, we have similar situation. Minor child in F2A category, turning 21 in June. I130 still pending. Hypnos, as per your "Provided she "seeks to acquire" LPR status (either through an immigrant visa or AoS) within one calendar year of her priority date becoming current then she will remain classified as a child under CSPA automatically." Does the child still qualify after turning 21 and given the fact that priority date might not be current within the next couple of months? When does that one year calculation start? F2A is current now, if its not current in 3months, would that rule still apply while filing for immigrant visa? Thank you

Congratulations on your approval!!)Its amazing how fast they approved it? Did you guys expedite it? Whats your crevice center?

I think your case should be covered. There're a lot confusing blogs out there when they said the child will be not covered unless the PD is current again after the USCIS approval. That means the child PD being current now doesn't mean anything since USCIS is not approved yet. However, this is not correct. If you read the CSPA rule carefully, you'll see that the visa availability date is either the PD current date or the approval date, whichever later. So, in your case and my case, the child PD is already current, the approval date will be used for the visa availability date. As a result, the CSPA age is exactly the age when the child was at the child PD date. Usually, this rarely was a case since the PD current date always after the approval date for months. That's why the August/Sept current is once in a life time change for someone like us. In our case, we started the application at the end of August and got the PD date only 10 days before the child 21st bd. I know we're covered no matter how long the approval takes, usually a year and couple months. However, the whole family were so shocked and disbelieved when we received the approval few days ago. We use the California center which lists the last approval date is Nov 15, 2011. It's really unbelievable. I guess it's because of this special rare August current which usually only helps the applicants who are currently in the US so they can file the adjust status at the same time. Or maybe it's because the child is also petitioned with her bro who is under 10yrs old. I used to hear the rumor that small children are usually taken care much faster but there's no rule about it. Either case, we're just so happy. Now, the NVC part is a tricky part where most of the status could be changed from f2a to f2b if the child is over 21 by that time. Hopefully, they apply the CSPA rule automatically so I don't have to appeal it by written or so.

Good luck!

Michael.

[KPACOTKA 0]

I think your case should be covered. There're a lot confusing blogs out there when they said the child will be not covered unless the PD is current again after the USCIS approval. That means the child PD being current now doesn't mean anything since USCIS is not approved yet. However, this is not correct. If you read the CSPA rule carefully, you'll see that the visa availability date is either the PD current date or the approval date, whichever later. So, in your case and my case, the child PD is already current, the approval date will be used for the visa availability date. As a result, the CSPA age is exactly the age when the child was at the child PD date. Usually, this rarely was a case since the PD current date always after the approval date for months. That's why the August/Sept current is once in a life time change for someone like us. In our case, we started the application at the end of August and got the PD date only 10 days before the child 21st bd. I know we're covered no matter how long the approval takes, usually a year and couple months. However, the whole family were so shocked and disbelieved when we received the approval few days ago. We use the California center which lists the last approval date is Nov 15, 2011. It's really unbelievable. I guess it's because of this special rare August current which usually only helps the applicants who are currently in the US so they can file the adjust status at the same time. Or maybe it's because the child is also petitioned with her bro who is under 10yrs old. I used to hear the rumor that small children are usually taken care much faster but there's no rule about it. Either case, we're just so happy. Now, the NVC part is a tricky part where most of the status could be changed from f2a to f2b if the child is over 21 by that time. Hopefully, they apply the CSPA rule automatically so I don't have to appeal it by written or so.

Good luck!

Michael.

Thank you for your feedback, MIchael! I hope this is the case. I wish it was stated clearly somewhere without any confusion, that since the PD is current at the time of petition pending the child age is under 21. Are you sure about that? Everyone seems to believe and I was told that age only freezes at the time of filing for immigrant visa when the priority date is current. IS pending I130 alone with PD being current now enough to qualify under 21 with CSPA?

Best of luck to you guys! Hope we will all reunite with our loved ones soon

[mtran1001 0]

Thank you for your feedback, MIchael! I hope this is the case. I wish it was stated clearly somewhere without any confusion, that since the PD is current at the time of petition pending the child age is under 21. Are you sure about that? Everyone seems to believe and I was told that age only freezes at the time of filing for immigrant visa when the priority date is current. IS pending I130 alone with PD being current now enough to qualify under 21 with CSPA?

Best of luck to you guys! Hope we will all reunite with our loved ones soon

How is case going? Sorry for late response because I didn't want to say "I'm sure" when I was still not sure about myself. There're a lot of people here who just talked based on their researches so it won't be sure 100%. Sometimes they even gave you a wrong idea too. So, are those local attorneys and immigrant services that I asked. And unfortunately, for those who got their cases approved, they didn't bother to come back here to verify it for us. Anyway, now, I decided to do just that since I was in your shoes. I hope it would help many worry parents out there in the future too. For my case, NVC moved it from F2A to F2B and sent a letter saying the case is not processed anymore until the date is up. That would make sense since F2B is way longer than F2A. I called NVC and told them my case should be protected by CSPA. They asked me to write a letter to explain it and send it to them. I googled around for this kind of letter since somebody must have done it before. But believe it or not, I found nothing about NVC appeal letter for CSPA. So, I just wrote out all the CSPA rules and dates to prove that my case is under CSPA. After a few weeks, they said they're reviewing it, then said they forwarded it to the consulate office for further reviews. We couldn't believe it would take that long and involve in many steps like that. It's just a straight calculation that could be verified in a few minutes. However, in the meantime, the only thing we could do was to pray since we realized it was not as simple as we thought. Then, finally, after more than a month, NVC sent us a letter saying it was approved and we can start the affidavit of support now. What a relief! I hope you and other family would have this kind of joys like ours soon. Good luck!

Michael.