F2A for my Brother

[AMjeku 0]

Hi Everyone,

I had filed the I-130 for my mother in 2014 and she got her green card in May 2015 and came to U.S.

My mother filed an I-130 for my brother in July-2015 and process started with July-15 PD. He was 19 at the time of filing so he fell in F2A visa category. We received the request to pay the fee for the I-864 and IV in July-15 2016 (one year to the date of original receipt and PD). He will turn 21 in March 12th 2017. Now if the cutoff date for F2A (Currently at Nov-14-2014) does not reach Jul-15-2015 by the time he is under 21 (March 12 2017), will he be dropped to F2B? Or will CSPA be any help in his case? Your help to get this answered is greatly appreciated.

[newacct 688]

CSPA helps. What you need to know is how long the I-130 petition was pending (i.e. how long it took from filing I-130 until the I-130 was approved). This time is subtracted from his age. So for example if I-130 took 6 months to process, then he does not age out until age 21 and 6 months.

[aaron2020 11,651]

CSPA may help. It depends on how long it took USCIS to approve the I-130.

Let me know when the I-130 was approved, and I will tell you when your brother will age out and CSPA can no longer him.

PD is July 15, 2014, correct?

[AMjeku 0]

Thank you very much for your replies. My brother priority date is July 13, 2015, and the I-130 Approval is on November 2nd 2015. So he gets an additional 3 months and 20 days from CSPA right? He will turn 21 in March 12 2017, so he has until ~July 1st or 2nd of 2017 until he ages out. I am hoping that F2A priority date will get there by that time. Fingers crossed! Please let me know if my assumption is correct.

[aaron2020 11,651]

Thank you very much for your replies. My brother priority date is July 13, 2015, and the I-130 Approval is on November 2nd 2015. So he gets an additional 3 months and 20 days from CSPA right? He will turn 21 in March 12 2017, so he has until ~July 1st or 2nd of 2017 until he ages out. I am hoping that F2A priority date will get there by that time. Fingers crossed! Please let me know if my assumption is correct.

It took 3 months and 19 days for the I-130. Your brother will age out and CSPA can not help him when he turns 21 years, 3 months, and 19 days old.

His PD must be current by the June 2017 VB for CSPA to help him. On July 1, 2017, his CSPA age would be 21 years exactly, so CSPA would not apply since he would no longer be under 21.

His PD is about 4 months away from being current. With the current movement, his PD will probably be current by next June.

Best of luck.

[AMjeku 0]

It took 3 months and 19 days for the I-130. Your brother will age out and CSPA can not help him when he turns 21 years, 3 months, and 19 days old.

His PD must be current by the June 2017 VB for CSPA to help him. On July 1, 2017, his CSPA age would be 21 years exactly, so CSPA would not apply since he would no longer be under 21.

His PD is about 4 months away from being current. With the current movement, his PD will probably be current by next June.

Best of luck.

Thank you very much for the response. Will there be any additional action from us to qualify for the CSPA until end of June 2017? Or is that an automatic thing for embassy to take into the consideration.

[aaron2020 11,651]

It's automatic.

However, the NVC does make mistakes, so be on top of it if your brother does qualify.

[kausar 26]

I was just wondering after reading this thread that in such cases one can get the i 130 process delayed by getting rfe and submitting the required documents late and that way it can be dragged up to a year. It will later help in CSPA as one year would be subtracted. This is smart.