Help! Am i still eligible under CSPA? (F2A category) (merged)

[charmishe 0]

if your name is listed in the interview letter then you are all set, you dont have to worry about anything, if you would have aged out then your name shouldnt have appeared in the interview letter.

The NVC sent us an interview letter on June 25,2013 (which is just 7 days after my birthday) and my mother was the only one listed in it. I wasn't listed there and the NVC said I aged out already. As of this time my mother is already in Guam. But on November 2013, the US Embassy Manila called us up informing that all my documents (these are the documents that we sent to NVC, together with my mom's documents) were already here in Manila.And they said that we can still continue to process my case. So, we immediately sent an email to the US Embassy Manila, and below is their reply.

It appears that the State Department’s National Visa Center (NVC) excluded your daughter as a derivative beneficiary under your F2A visa petition because she had aged out (turned 21 years old). Under U.S. immigration law, when a derivative beneficiary marries or turns 21 years old, any immigration benefits as a “child” terminate.

The Child Status Protection Act (CSPA) may provide relief to certain applicants who have aged out. The eligibility of an applicant for age-out relief under the CSPA may be determined only at the time a visa application is adjudicated by a consular officer.

If She believes that she qualifies for immigration benefits under the CSPA, she may submit a formal visa application at the Embassy. She would be required to take the medical examination at St. Luke’s Extension Clinic, complete the Online Immigrant Visa Application and Registration (DS-260) at http://www.travel.state.gov/visa/immigrants/info/info_5164.html, submit a valid passport, and birth certificate issued on security paper by the Philippine National Statistics Office (NSO).

She should notify the Embassy by email at IVMNLAppointments@state.gov once she has completed the DS-260.

Please note that submitting a formal visa application is not a guarantee that an immigrant visa will be issued. A consular officer will interview her, review the documents in support of the visa application and inform her if she qualifies for an immigrant visa under the CSPA.

The applicant should visit this website: http://www.ustraveldocs.com/ph or contact the Embassy’s Visa Information and Appointment Service at (632) 982-5555 or (632) 902-8930 to schedule a visa interview date. The Visa Information and Appointment Service is open Mondays through Fridays, from 8:00 a.m. to 8:00 p.m. (Manila time), except on Philippine and U.S. holidays. Callers in the U.S. should call (214) 571-1600, between 8:00 p.m. and 8:00 a.m. (Eastern Standard Time).

The applicant may visit the Embassy’s website at http://manila.usembassy.gov/wwwh3228.html for additional information about the CSPA and how it may apply in this case.

[king786 1]

just do what the embassy is asking you to do. email them and ask them directly for clarification.

[bobototokoko 0]

Oh boy.

Apple21 is correct. The PD did not become current until Aug. 1, 2013.

You are damn lucky. Took USCIS 1 month and 23 days to approve the I-130 which means you only had 1 month and 23 days of CSPA protection. Fortunately, the PD became current 1 month and 12 days after your 21st birthday. CSPA preserved your derivative status.

If the PD did not become current until Sep. 1, 2013, it would be 2 months 12 days after your 21st birthday and CSPA would not have helped.

Lucky you.

aaron2020.......I knew that one can deduct the time that the petition is pending at USCIS from the beneficiaries age....however i didnt know that one can deduct the time after the visa becomes current up until the interview date...... are you sure on this.

When I was reading the CSPA procedures it said that if the petitoner is a US citizen then the beneficiaries age freezes when the petitioner files but if the petitioner is a LPR then one can ony deduct the time the petition is at USCIS pending the NOA2.

can you please clarify?

thanks

[aaron2020 11,651]

aaron2020.......I knew that one can deduct the time that the petition is pending at USCIS from the beneficiaries age....however i didnt know that one can deduct the time after the visa becomes current up until the interview date...... are you sure on this.

When I was reading the CSPA procedures it said that if the petitoner is a US citizen then the beneficiaries age freezes when the petitioner files but if the petitioner is a LPR then one can ony deduct the time the petition is at USCIS pending the NOA2.

can you please clarify?

thanks

No where in my post did I state that a beneficiary can deduct the time after the visa becomes current up until the interview.

Be precise.

CSPA age is frozen when the PD becomes current for a beneficiary in the family preference categories if the beneficiary "sought to acquire" a visa within one year while the PD is current.

Use the advanced search function and search CSPA and my ID for my prior posts on this. No need for me to keep retyping this.

[charmishe 0]

Just to update you guys, my visa wasn't approved. I got so disappointed. I almost cried when the consule said i am not eligible because I aged out already. I even defended my calculations about cspa. Very sad news for us... the consul also told me that it was the closest she ever encountered. And i will wait again for another more years for my new petition. Hayyy. (((

[apple21 953]

Just to update you guys, my visa wasn't approved. I got so disappointed. I almost cried when the consule said i am not eligible because I aged out already. I even defended my calculations about cspa. Very sad news for us... the consul also told me that it was the closest she ever encountered. And i will wait again for another more years for my new petition. Hayyy. (((

Sorry to hear that.

You will now be transferred to the F2B category which is a 10-year wait for Philippine beneficiaries. You can have children and they will be able to immigrate with you as long as you stay single/unmarried.

Marriage will void the F2B petition. Good luck.

[aaron2020 11,651]

Just to update you guys, my visa wasn't approved. I got so disappointed. I almost cried when the consule said i am not eligible because I aged out already. I even defended my calculations about cspa. Very sad news for us... the consul also told me that it was the closest she ever encountered. And i will wait again for another more years for my new petition. Hayyy. (((

Did the US Embassy used the same dates that you provided in your first post (correcting the day the PD became current) or other dates?

[charmishe 0]

Did the US Embassy used the same dates that you provided in your first post (correcting the day the PD became current) or other dates?

I think so. Maybe they based their calculations from this site: ***removed***/immigrant-visa/cspa-calculator/ because i remember her saying that my cspa age is 21 years 1 month and 21 days, and my actual age when visa became available was 21 years 1 month and 45 days. I am really confused until today. Because my actual age when visa became available is supposed to be 21 years, 1 month, 13 days.

21st birthday: June 18, 2013

Visa became available: August 1, 2013

Edited May 9, 2014 by charmishe

[charmishe 0]

Sorry to hear that.

You will now be transferred to the F2B category which is a 10-year wait for Philippine beneficiaries. You can have children and they will be able to immigrate with you as long as you stay single/unmarried.

Marriage will void the F2B petition. Good luck.

Hi. I am still confused and I want some clarifications why my visa wasn't approved. I seriously want to contact us embassy again and schedule an appointment for interview. Is that possible?? 10 years is a very long wait to be with my parents..

[hnqp 0]

Please help me wit my case.

I'm from the Philippines, petitioned by my mother LPR. Petition was filed in 2012. My priority date is May 30, 2012, current since August 1, 2013.

All fees were already paid. I have submitted all required documents (DS 260, affidavit of support, police clearance, passport, etc). Last March 31, 2014 NVC emailed me and informed me that they have finished reviewing my case and that I should wait when an interview is available for me. I have some missing items (mother's proof of employment) but according to the letter, I should bring it to the interview and the Consular Officer will be the one to review it.

April 30, 2014 -- I did not receive interview letter after a month. I requested my case to be expedited since I am turning 21 years old on July 11, 1993 (2 months from now). It was denied for reasons I dont know.

The current visa bulletin for f2a is Sept 13, 2013. Hence, my case is current.

However, next month (June 2014), it will be May 01, 2012.

Can I be covered by CSPA? Please help.

[aaron2020 11,651]

I think so. Maybe they based their calculations from this site: ***removed***/immigrant-visa/cspa-calculator/ because i remember her saying that my cspa age is 21 years 1 month and 21 days, and my actual age when visa became available was 21 years 1 month and 45 days. I am really confused until today. Because my actual age when visa became available is supposed to be 21 years, 1 month, 13 days.

21st birthday: June 18, 2013

Visa became available: August 1, 2013

There is something wrong with the calculations. You may want to ask for a review.

[Luis Leon 4]

I need a help regarding my case if I am still eligible for CSPA. I am now 21 years, 10months old. I am the derivative beneficiary of the petition filed by my father. Below are the important information needed.

Visa Category: F2A

Petition Filed: March 7, 2012

Petition Approved: April 30, 2012

Visa became current: Jan 1, 2013

DS 230 submission: April 5, 2013

We have already paid all the required fees and have finished with the medical examination. I am scheduled for interview at the US Embassy this coming May 6, 2014. What are the possible questions that the Consul will ask? What do I need to bring during the time of my interview? Do you think I am still eligible under CSPA law? Thank you so much in advance.

Hi charmishe, what happend on your interview. I have something similar to your case and I am just curious about the resolition of your case. thanks in advance.