CSPA F2A Applicant

[Bobwinski 0]

An I-130 petition was filed on my son's behalf on November 20, 2013 and a PD of November 23,2013 is on record just 3 days shy of his 21st birthday.

However, this case was not approved until September 8,2015, pproximately 21 months after his PD was issued.

Following a call to the NVC last Monday I received an email stating that because of a change in his visa classification or the dates used to begin the visa application process , no visa numbers are presently available for his visa category.

May I ask what was his initial visa category as well as his present visa category and what's your guesstimate of the timeline of this entire process? He's about to turn 23 November 26,2015.

Edited October 29, 2015 by Bobwinski

[teeak 224]

When you initially filed, he was in the F2A category. After his 21st birthday, the petition was automatically changed to the F2B category.

Here's the November VB: http://travel.state.gov/content/visas/en/law-and-policy/bulletin/2016/visa-bulletin-for-november-2015.html

Currently, there's visa numbers available for those with a PD before 08 FEB 2009. So, it's about a 4 year wait for your son if the cut off dates don't change or retrogress.

[Bobwinski 0]

Ok. Thank you for your timely response. Isn't it possible to go the CSPA route at this time? Doesn't he qualify for CSPA protection?

Edited October 29, 2015 by Bobwinski

[teeak 224]

Hmm, based on the below calculator. In the F2A category, your son's PD became current in August 2015. He turned 21 on November 26, 2013.

If you subtract the number of days the petition was pending from the date a visa was available for him then, he would have to be under 21 by November 23, 2013.

So, it does look like he's protected under CSPA (I'm hoping you gave me exact dates). You need to "seek to acquire" a visa though within 1 year of a visa becoming available.

Use this calculator: http://cspasolution.com/

[Bobwinski 0]

Awesome....and I am on point with all of the information and dates provided.

Thank you for providing such refreshingly enlightening information.

Somehow I mistakingly believed the NVC would've automatically processed his application under the CSPA.

Anyway, I'm unable to access the age calculator link provided....... so can you please let me know how I could successfully take the course of action you suggested earlier?

Edited October 29, 2015 by Bobwinski

[teeak 224]

Nope, I don't think NVC will automatically process it. Most of the time, people have to make the requests. Copy and paste the link into another tab and you'll be able to use the calculator.

Based on the calculator, your son does qualify but, because requests have to be made to the proper authority (I'm not sure if its USCIS or NVC), I would say maybe you should contact an immigration attorney. Many do free consultations so you can perhaps get more information from them.

Edited October 29, 2015 by teeak

[Bobwinski 0]

Ok. Thanks a mil for your sound advice. I've just made an appointment to consult with an immigration attorney through Catholic Charities,for those of us who are a bit financially constrained. I'm now up for 5pm appointment Thanks once again. You've been most helpful.

Edited October 29, 2015 by Bobwinski